Coronavirus (COVID-19): Paid Days Off for the Parents for the Supervision of Their Children in the Event of Temporary Closing of the Education Units

In the context of rapid spread of the epidemic caused by virus COVID-19 and of the competent authorities’ urge that the population should stay at home to prevent the spread of the epidemics, the Parliament of Romania has adopted Law no. 19/2020 on the granting of days off to the parents for the supervision of their children, in the event of temporary closing of the education units where the children are registered, as a consequence of unfavorable weather conditions or other extreme situations decreed as such by the competent authorities with powers and duties in the area.

When does Law no. 19/2020 become effective?

Law no. 19/2020 was published in the Official Gazette, Part I no. 209 of March 14, 2020, and, pursuant to art. 78 of the Constitution if Romania and art. 12, paragraph (1) of Law no. 24/2000 on the legislative technique for elaboration of legal acts, this shall become effective in 3 days as of its publication in the Official Gazette, i.e. on March 17, 2020.

What does Law no. 19/2020 provide?

Law no. 19/2020 provides the obligation of employers from the public and private environment to grant paid days off to one of the parents for the supervision of their children in the event of temporary closing of the education units where their children are registered, as a result of unfavorable weather conditions or other extreme conditions decreed as such by the competent authorities with powers and duties in the area (e.g. prevention of spread of the epidemic caused by virus COVID-19).

Conditions for granting paid days off under Law no. 19/2020

For the granting of paid days off to parents, the following conditions must be met cumulatively in connection to:

• social context:
• the education units where the children are registered have to be closed as a consequence of unfavorable weather conditions or other extreme situations decreed as such by the competent authorities with powers and duties in the area;
• parents:
• have to have children of up to 12 years old, registered with an education unit or children with disabilities of up to 18 years old, registered with an education unit;
• the job of the parent requesting the granting of the paid days off for the supervision of their children must not allow work from home or telework;
• one of the parents or the person from the single-parent family must file a written request for the granting of the paid days off for the supervision of children and to submit it to the employer of the parent who will supervise the children, for the entire period when the competent authorities decide the closing of such education units.

Means of implementation of Law no. 19/2020 in the current context

The rule instituted by Law no. 19/2020 is that parents shall be granted days off, in the event of temporary closing of the education units where the children are registered, for the supervision of children, as a consequence of unfavorable weather conditions or other extreme situations decreed as such by the competent authorities with powers and duties in the area, at the written request of the parent or of the person from a single-parent family, submitted to the employer of the parent who will supervise the children during the entire period when the competent authorities decide the closing of such education units.

Exceptionally, if the parent or the person from the single-parent family works in the national power system units, operative units from the nuclear sectors, units operating uninterruptedly, medical and social assistance units, telecommunications units, public radio and television units, railway transport units, units ensuring public transport and sanitation of localities, as well as the supply of the population with gas, electric energy, heating and water, paid days off shall be granted at such parent’s written request, only with the employer’s consent. Although the law does not impose that the employer’s consent be in writing, only a written consent shall prove the expression of such consent by the employer.

Pursuant to the Decree for the Instituting of the State of Emergency, determined by the spread of coronavirus SARS-CoV-2 at the level of over 150 countries and by the declaration of “Pandemic” by the World Health Organization, on March 11, 2020, issued by the President of Romania today, March 16, 2020 (“Decree for the Instituting of the State of Emergency”), which decree can be accessed on the webpage of the Presidential Administration, by exception, during the state of emergency, the provisions of Law no. 19/2020 shall not apply to the employees of the national defense system, employees from the penitentiaries, personnel of the public medical units and other categories established by order of the Minister of Internal Affairs, of the Minister of Economy, Energy and Business Environment and of the Minister of Transport, Infrastructure and Communications. This means that the employees of the national defense system, penitentiaries, personnel of the public medical units and other categories established by order of the Minister of Internal Affairs, of the Minister of Economy, Energy and Business Environment and of the Minister of Transport, Infrastructure and Communications may not request to be granted paid days off in the event of temporary closing of the education units for the supervision of children, where these are registered, as a consequence of the extreme situation decreed as such by the competent authorities due to the spread of coronavirus SARS-CoV-2. In this situation, these employees shall be entitled to an increase of their salary of 75% of the salary corresponding to one working day, for each day worked, but no more than the correspondent per day of 75% of the average gross salary won used in the substantiation of the budget of state social insurances, if the other parent does not benefit from the rights regulated by Law no. 19/2020.

Particular situation imposed by Law no. 19/2020

Given that Law no. 19/2020 imposes among the conditions for the granting of paid days off to parents who are employees that “the job occupied by the parent requesting the granting of paid days off for the supervision of their children must not allow work from home or telework”, the law imposes the carrying out of the activity as telework or work from home, where a job allows so. Only if the job does not allow so the provisions of Law no. 19/2020 shall apply.

In other words, under this law, any employee in the situation to invoke the provisions of Law no. 19/2020 may, at their simple written request, perform their activity as telework or work from home, without their employer’s consent being necessary.

We consider that any employer may oppose their employees’ requests to perform telework or work from home only if this cannot ensure the fulfillment of the incumbent legal obligations in case of performance of telework or work from home. In this case the provisions of Law no. 19/2020 shall apply, and namely that such employees shall benefit from paid days off under this law.

We present herein below what work from home or telework imply:

• Work from home is regulated by art. 108-art. 110 of the Labor Code and implies the fulfillment by any employee of their specific job-related powers and duties, at their domiciles.
• Telework is provided by Law no. 81/2018 on the regulation of the telework activity and implies the performance of activity by an employee in the form of telework, i.e. the performance of the powers and duties specific to the position, occupation or trade such an employee has, in another place than the workplace organized by their employer, including employee’s domicile, regularly and voluntarily, at least once a month, using the technology of information and communications.

According to the Decree for the Instituting of the State of Emergency, the central and local public authorities, the autonomous administrative authorities, autonomous administrations, national companies and companies in which the state or an administrative and territorial unit is a sole shareholder or a majority shareholder, private companies shall introduce, where possible, during the state of emergency, work from home or telework, by unilateral deed of the employer.

Effects. Benefit granted to employees who are parents, i.e. paid days off, value and duration

In our opinion, the effect of Law no. 19/2020 consists in the stay of the individual employment agreement of the employee in question.

At the same time, in accordance with the provisions of Law no. 19/2020, the benefit granted to employees consists in paid days off, and the allowance for each day off shall be paid:

• by the employer from the section related to personnel expenses from the employer’s income and expenditure budget;
• in an amount of 75% of the salary corresponding to a working day, but no more than the correspondent per day of 75% of the average gross salary won used in the substantiation of the budget of the state social insurances;
• depending on the number of days off established by Government decision, for each extreme situation decreed as such by the competent authorities with powers and duties in the area.