Persons who, in the last 2 years prior to the child's date of birth, have earned income for at least 12 months from salaries and salary-like income, income from independent activities, income from intellectual property rights, income from agricultural, forestry and fisheries activities, subject to income tax, hereinafter referred to as taxable income, benefit from leave for raising a child up to 2 years old, or 3 years old in the case of a child with a disability, as well as from a monthly allowance.

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

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

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

1. have received unemployment allowance or have completed contribution periods in the public pension system, according to special normative acts regulating collective layoffs;
2. have been registered with the county employment agency for receiving the unemployment allowance;
3. have benefited from leaves and social health insurance allowances;
4. have benefited from medical leaves and allowances for preventing illness and recovering work capacity, exclusively for situations resulting from work accidents or occupational diseases;
5. have received disability pension;
6. are in a period of temporary interruption of activity, initiated by the employer, without termination of the employment relationship, for economic, technological, structural or similar reasons;
7. have benefited from leave and monthly allowance for raising a child;
8. have benefited from leave and monthly allowance for raising or, where applicable, caring for a child with a disability;
9. have benefited from unpaid leave for raising a child;
10. are in the period of 3 months between the end of a fixed-term employment contract and the beginning of another fixed-term contract;
11. have accompanied their spouse who was sent on a permanent mission abroad;
12. have performed or are performing voluntary military service, have been mobilized, conscripted or taken as prisoners of war;
13. attend, without interruption, day courses in pre-university education, including in the "Second Chance" program, or, as the case may be, university courses at the level of bachelor's or master's studies, as well as post-university education at master level, organized according to the law, in the country or abroad, in a field recognized by the Ministry of Education and Research, except for the interruption of courses for medical reasons;
14. hold the status of doctoral student;
15. are in the period between completing one form of pre-university education and starting, in the same calendar year, another form of pre-university education, day courses, legally organized, attended without interruption;
16. are in the period between graduating day courses of legally organized pre-university education and starting university education, day courses, in the same calendar year;
17. are in the period between completing one form of university education, day courses, with or without a bachelor's or diploma exam, and starting, in the same calendar year, another form of university education, day courses, attended without interruption;
18. are in the period between completing one form of university education, at the level of bachelor's or master's studies, as well as post-university education at the master level, day courses, and starting, in the same calendar year, another form of university education at bachelor's or master's level, day courses, attended without interruption;
19. are in the period between completing one form of post-university education, day courses, and starting, in the same calendar year, another form of post-university education, day courses, attended without interruption;
20. are in the period of 60 days from completing compulsory education or, as the case may be, from graduating day courses in pre-university, university at bachelor's or master's studies, and post-university at master level, legally organized, with or without graduation exam, for the purpose of employment or, as the case may be, becoming unemployed, calculated starting from the 1st of the month following studies completion;
21. have benefited from unpaid leave to participate in training and professional development courses initiated by the employer or agreed by the employer;
22. are in the period between graduating day courses of higher medical education, with bachelor's exam organized in the first session, and starting the first residency after graduation;
23. have been sent on a permanent mission abroad;
24. have benefited from the monthly allowance in the context of the epidemiological situation caused by the spread of coronavirus SARS-CoV-2, the allowance established according to social protection measures for employees and other professional categories in the context of prohibition, suspension or limitation of economic activities due to the epidemiological situation caused by the spread of coronavirus SARS-CoV-2 and/or the allowance established according to support measures for employees and employers in the context of the epidemiological situation caused by the spread of coronavirus SARS-CoV-2, as well as for stimulating employment growth.

To grant these rights, persons who have carried out professional activities in European Union member states or in other states benefit from the totalization of activity periods performed in these states, under the conditions provided therein.

In the situation where one or more of the children resulting from multiple pregnancies is classified with a degree of disability, for this/these child/children the allowance is granted until the child/children reaches/reach the age of 3 years, as follows:

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

b) if the disability classification is made after the child/children reaches/reach the age of 2 years and leave and child-raising allowance were previously granted, by granting a new right from the date of disability classification, if the request is submitted within 60 days from said date;

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

The following persons benefit from the monthly child-raising allowance:

• any of the child/children's biological parents;
• any of the spouses entrusted with the child/children for adoption or have adopted the child/children;
• the person who has the child in placement or in emergency placement;
• the professional foster parent, only for his/her own natural or adopted children;
• the person who has been appointed as guardian.

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

For persons who have adopted the child, to whom the child has been entrusted for adoption or who have a child in placement or emergency placement, the granting of rights is made taking into account the 12 months prior to the one in which, as the case may be, the adoption was approved, the entrustment was made, or placement or guardianship was established.

If the parent entitled to leave and monthly allowance dies, the surviving parent is entitled, upon request, to the following rights:

a) the rights of the deceased parent, if they do not meet the conditions stipulated by the applicable legislation;

b) the rights provided by the applicable legislation, if they meet the conditions for granting.

Leave and monthly allowance are granted for each birth or, as applicable, for each adoption, entrustment for adoption, placement or emergency placement situation.

The duration of leave is extended accordingly in the event of overlap of two or more situations which may generate this right. In such cases, only one allowance is granted.

In the case in which the person who has benefited from leave and allowance for child-raising gives birth to one or more children or is in a new situation, within up to 12 months after the end of leave for the previous child, if the calculation of the allowance results in a monthly child-raising allowance lower than the allowance received before the birth of the last child, the monthly allowance for the previous child is granted.

Rights are granted if the applicant meets the following cumulative conditions:

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

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

c) lives in Romania together with the child/children for whom the rights are requested and takes care of the raising and care of the child/children.

The rights representing allowances are established as follows:

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

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

c) from the date of adoption, establishment of guardianship, placement or entrustment, if the request is submitted within 60 working days from the date these protective measures were approved or, as the case may be, established;

d) from the day following the date on which the entitled person obtains taxable income, if the request is submitted within 30 working days from this date;

e) from the date of submission of the request, for all other situations, including if the request was submitted after the deadlines stipulated in points 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 child with a disability;

b) the child has deceased.

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 exercising guardianship;
3. the beneficiary no longer meets the conditions stipulated by the applicable legislation for the child's entrustment for adoption;
4. the beneficiary no longer fulfills the conditions stipulated by the applicable legislation for maintaining the placement measure;
5. the beneficiary is serving a custodial sentence or is in pre-trial detention for more than 30 days;
6. the child is abandoned or is institutionalized in a public or private protection institution;
7. the beneficiary has died;
8. in the situation where the beneficiary no longer meets the conditions for granting the rights;
9. the beneficiary earns taxable income and the child has not reached the age of 2 years, or 3 years in the case of a child with a disability;
10. it is found that for 3 consecutive months returned postal orders are registered.

The beneficiary of the rights is obliged to notify the entity in writing about any change in their situation that could cause the termination or suspension of payment of the rights, within 15 working days from its occurrence.

The notification is transmitted by the entity of the territorial agency within 5 working days from the date of registration.