Persons who, in the last 2 years prior to the child's date of birth, have earned for at least 12 months income from salaries and income assimilated to salaries, income from independent activities, income from intellectual property rights, income from agricultural, forestry, and fish farming activities, subject to income tax, hereinafter referred to as taxable income, are entitled to parental leave for raising the child up to 2 years old, or up to 3 years old in the case of a disabled child, as well as to a monthly allowance.

The amount of the monthly allowance is 85% of the average net income earned in the last 12 months of the 2 years prior to the child's date of birth.

The minimum amount of the monthly allowance cannot be lower than the sum resulting from applying a multiplication coefficient of 2.5 to the value of the social reference indicator, and the maximum amount cannot exceed 8,500 lei.

The 12 months mentioned above may be constituted entirely from periods in which persons were in one or more of the following situations:

1. benefited from unemployment allowance or periods of contribution in the public pension system, under the special legislation regulating collective dismissals;
2. were registered at the county employment agency for the granting of unemployment allowance;
3. benefited from leave and health social insurance allowances;
4. benefited from medical leave and allowances for prevention of sickness and recovery of work capacity, exclusively for situations resulting from occupational accidents or diseases;
5. benefited from disability pension;
6. are in the period of temporary interruption of activity, at the employer's initiative, without termination of the employment relationship, for economic, technological, structural, or similar reasons;
7. benefited from parental leave and monthly allowance for raising the child;
8. benefited from leave and monthly allowance for raising or, as the case may be, caring for the disabled child;
9. benefited from unpaid leave for raising the child;
10. are in the 3-month period between the termination of a fixed-term employment contract and the beginning of another fixed-term employment contract;
11. accompanied their spouse sent on a permanent mission abroad;
12. performed or are performing voluntary military service, were concentrated, mobilized, or held as prisoners;
13. attend, without interruption, daytime courses of pre-university education, including in the "Second Chance" program, or, as the case may be, university studies at bachelor's or master's level, as well as postgraduate education at master's level, organized according to the law, in the country or abroad, in a field recognized by the Ministry of Education and Research, except for interruptions of courses for medical reasons;
14. have the status of doctoral student;
15. are in the period between the completion of one form of pre-university education and the beginning, in the same calendar year, of another form of pre-university education, daytime courses, organized according to law, attended without interruption;
16. are in the period between the graduation of daytime courses of pre-university education, organized according to law, and the beginning of university education, daytime courses, in the same calendar year;
17. are in the period between the completion of one form of university education, daytime courses, with or without bachelor's or diploma exam, and beginning, in the same calendar year, of another form of university education, daytime courses, attended without interruption;
18. are in the period between the completion of one form of university education, at bachelor's or master's level, as well as postgraduate education at master's level, daytime courses, and the beginning, in the same calendar year, of another form of university education at bachelor's or master's level, daytime courses, attended without interruption;
19. are in the period between the completion of one form of postgraduate education, daytime courses, and the beginning, in the same calendar year, of another form of postgraduate education, daytime courses, attended without interruption;
20. are in the period of 60 days from finishing compulsory education or, as the case may be, graduating daytime courses of pre-university, university at bachelor's or master's level and postgraduate at master's level, organized according to the law, with or without graduation exam, for employment or as the case may be, transition to unemployment, calculated from the first day of the month following graduation;
21. benefited from unpaid leave to attend training and professional development courses at the initiative of the employer or with their approval;
22. are in the period between graduating daytime courses of higher medical education, with bachelor exam organized in the first session, and starting the first residency after graduation;
23. were sent on a permanent mission abroad;
24. benefited from the monthly allowance in the context of the epidemiological situation caused by the spread of the SARS-CoV-2 coronavirus, the allowance established according to the social protection measures for employees and other professional categories in the context of prohibition, suspension or limitation of economic activities, caused by the epidemiological situation generated by SARS-CoV-2 coronavirus and/or the allowance established according to the support measures for employees and employers in the context of the epidemiological situation caused by the SARS-CoV-2 coronavirus, as well as for stimulating the increase in employment.

For the granting of these rights, persons who have carried out professional activities in the member states of the European Union or in other states benefit from the totalization of periods of activity carried out in these states under its provisions.

In the situation where one or more children resulting from multiple pregnancies are classified as having a degree of disability, for him/her/them, the allowance is granted until the child/children reach the age of 3 years, as follows:

a) in the case where a monthly allowance right for raising the child has already been established, by extending the granting period if the request for extension is submitted before the previous right ceases;

b) in the case where classification as disabled is made after the child/children reach the age of 2 years, and leave and allowance for raising the child have previously been granted to him/her/them, by granting a new right from the date of classification as disabled, if the request is submitted within 60 days from this date;

c) by granting a new right from the date of submission of the request in case the deadlines provided in a) and b) were exceeded.

The following persons benefit from the monthly allowance for raising children:

• any of the child's/children's biological parents;
• any spouse to whom the child/children have been entrusted for adoption or who have adopted the child/children;
• the person who has the child in foster care or in emergency foster care;
• the professional foster carer, only for his/her own biological or adopted children;
• the person who has been appointed guardian.

The same rights are also granted to one of the persons who has adopted the child, to whom the child has been entrusted for adoption or who has the child in foster care or in emergency foster care, except for the professional foster carer who can benefit from these rights only for his/her own children, as well as the person appointed as guardian.

In the case of persons who have adopted the child, to whom the child has been entrusted for adoption or who have the child in foster care or emergency foster care, the granting of rights takes into account the 12-month period prior to the one in which, as applicable, the adoption was approved, the entrustment was made, or the foster care or guardianship was instituted.

If the death of the parent who fulfilled the conditions to benefit from the parental leave and monthly allowance occurs, the surviving parent has the right to benefit, upon request, from rights as follows:

a) the rights of the deceased parent, in the event that he/she does not fulfill the conditions provided by the applicable legislation;

b) the rights provided by the applicable legislation, if he/she fulfills the granting conditions.

The leave and monthly allowance are due for each birth or, as the case may be, for each situation of adoption, entrustment for adoption, foster care or emergency foster care.

The duration of the leave is extended accordingly in the case of overlapping two or more situations likely to generate this right. In such cases, only one allowance is granted.

If the person who benefited from leave and allowance for raising the child gives birth to one or more children or is in a new situation, within up to 12 months from the end of the previous parental leave, if the calculation of the allowance results in a lower amount than the allowance received before the birth of the latest child, the monthly allowance for raising the child granted for the previous child is paid.

The rights are granted if the applicant cumulatively fulfills the following conditions:

a) is a Romanian citizen, foreign citizen, or stateless person;

b) has domicile or residence on the territory of Romania;

c) resides in Romania together with the child/children for whom the rights are requested and takes care of raising and caring for him/her/them.

The rights representing allowances are established as follows:

a) starting with the day following the date on which, according to the law, maternity leave ends, if the request is submitted within 60 working days of that date;

b) starting with the child's date of birth, if the request is submitted within 60 working days of that date, for persons who do not fulfill, according to the law, the conditions for granting maternity leave and the related allowance;

c) starting with the date of adoption, institution of guardianship, foster care, or entrustment, if the request is submitted within 60 working days of the date when the protection measures were approved or, as the case may be, instituted;

d) starting with the day following the date on which the entitled person earns taxable income, if the request is submitted within 30 working days of that date;

e) from the date of submission of the request, for all other situations, including if the request was submitted after the deadlines provided in a)-c).

The right to allowances ceases on the day following the day on which:

a) the child reaches the age of 2 years, or 3 years in the case of a disabled child;

b) the death of the child occurred.

The right to allowance is suspended on the day following the day on which:

1. the beneficiary is deprived of parental rights;
2. the beneficiary is removed from the exercise of guardianship;
3. the beneficiary no longer fulfills the conditions provided by the applicable legislation for entrustment of the child for adoption;
4. the beneficiary no longer fulfills the conditions provided by the applicable legislation for maintaining the foster care measure;
5. the beneficiary serves a custodial sentence or is in pre-trial detention for more than 30 days;
6. the child is abandoned or is admitted in a public or private care institution;
7. the beneficiary has died;
8. if the beneficiary no longer fulfills the conditions for granting the rights;
9. the beneficiary earns taxable income and the child has not reached the age of 2 years, respectively 3 years in the case of a disabled child;
10. it is found that for 3 consecutive months postal mandates are returned.

The beneficiary of the rights is obliged to communicate in writing to the entity any change in their situation, which may lead to termination or suspension of the payment of rights, within 15 working days from its occurrence.

The communication is sent by the territorial agency entity within 5 working days from registration date.