Special Leave in Romanian Labor Law: Employer Guidelines
Publication: ZRVP
In Romania, recent legislative changes have introduced several new types of special leave aimed at addressing the needs of employees facing family emergencies, childcare, and caregiving responsibilities. However, there are certain non-unitary practices where employers are not always required to grant these leaves unless specific eligibility conditions are met. While these regulations offer flexibility for employees, they also present certain challenges for employers regarding compliance and management.
Family Emergency Leave
Employees are entitled to up to 10 working days of leave per year for urgent family matters, such as illness or accidents requiring immediate attention. However, these days of absence are not equivalent to rest leave or sick leave and must be made up by the employee, based on a schedule agreed upon with the employer. While the law does not explicitly state this, it is generally understood that these days will be compensated in proportion to the time recovered, and payment will be made in the month when the leave was taken. Employers should also note that employees are required to notify them in advance, and compensation for these days may be tied to the employee’s recovery of lost work time.
Paternity Leave
Paternity leave entitles new fathers to 10 working days of paid leave, which increases by five days if the employee has completed a childcare course. Importantly, an employer cannot terminate an employee on paternity leave, and businesses must ensure employees are informed of their right to this leave under both the Labor Code and specific laws.
Caregiver Leave
Employees are entitled to five working days of caregiver leave per calendar year to provide personal care or support to a relative or a person living in the same household who is facing a serious medical condition. This leave is granted at the written request of the employee, and the request must be made before the leave starts; no retrospective notifications are allowed. Employers are required to approve this leave and cannot refuse it.
Within 30 working days from the submission of the request, the employee must provide supporting documents proving both the relationship with the person requiring care and the seriousness of the medical condition. If these documents are not provided, the employer may consider the employee absent without a valid reason. This obligation ensures that the leave is granted for genuine caregiving purposes, and it helps employers verify the legitimacy of the request.
Leave to Care for Sick Children
Employees with children up to 12 years old, or disabled children up to 18, are entitled to leave for their care. The duration is capped at 45 days per year unless the child has a serious illness, in which case the leave may be extended. In cases of quarantine or isolation, employees are entitled to leave to care for children up to 18, with the duration also set by the attending physician or family doctor. This entitlement applies not only to biological parents but also to adoptive parents, guardians, and foster care parents.
Employer Responsibilities and Legal Boundaries
While these special leaves are valuable employee rights, employers are not obligated to approve them unless all eligibility conditions are met. For example, if an employee does not submit the required documentation or fails to properly notify their employer, the employer can refuse the leave.
While different types of leave, such as rest leave and caretaker leave, may overlap, rest leave can be suspended if the employee provides the necessary documentation for taking caretaker leave.
However, certain situations—like requesting paternity leave during a period of temporary incapacity—may raise concerns about the legitimacy of the claim, and these should be evaluated on a case-by-case basis, considering factors such as the diagnosis and the nature of the employee’s work.
If the eligibility conditions are not fully met, the employer has the right to request clarifications or additional documents. Should it be determined that the employee was absent without a valid reason, disciplinary action may be taken, and the employer is not obligated to pay salary or other benefits, such as meal vouchers, for the period in question.
To ensure transparency and avoid misunderstandings, businesses are encouraged to include clear guidelines about these special leaves in their internal regulations or collective labor agreements. This approach helps standardize procedures and ensures that employees are aware of their rights and obligations regarding leave entitlements.