Persons who, in the last 2 years prior to the child's birth date, have earned for at least 12 months income from salaries and salary assimilated 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, are entitled to leave for raising a child up to 2 years old, or 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 from the previous 2 years before the child's birth date.

The minimum amount of the monthly allowance cannot be less 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 the value of 8,500 lei.

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

1. benefited from unemployment allowance or completed periods of contribution stage in the public pension system, under the conditions provided by special normative acts regulating collective dismissals;
2. were registered with the county employment agency, for the purpose of granting unemployment allowance;
3. benefited from leave and health social insurance allowances;
4. benefited from medical leave and allowances for prevention of diseases and recovery of work capacity, exclusively for situations resulting from work accidents or occupational diseases;
5. benefited from disability pension;
6. are in a 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 leave and monthly allowance for child raising;
8. benefited from leave and monthly allowance for raising or, as the case may be, caring for a disabled child;
9. benefited from unpaid leave for child raising;
10. are in a period of 3 months between the end of a fixed-term employment contract and the start of another fixed-term employment contract;
11. accompanied their spouse sent on permanent mission abroad;
12. performed or are performing military service on a voluntary basis, were concentrated, mobilized or in captivity;
13. attend, without interruption, daytime courses of pre-university education, including within the "Second Chance" program, or, as the case may be, university courses at undergraduate or master's level, as well as post-university master's courses, organized according to the law, in the country or abroad, in a field recognized by the Ministry of Education and Research, except in cases of interruption of courses due to medical reasons;
14. have the status of doctoral candidate;
15. are in the period between the completion of a pre-university education form and the beginning, in the same calendar year, of another pre-university education form, daytime courses, organized according to the law, attended without interruption;
16. are in the period between graduation of daytime courses of pre-university education, organized according to the law, and the beginning of university daytime education, in the same calendar year;
17. are in the period between completion of a form of university education, daytime courses, with or without bachelor’s or diploma examination, and the beginning, in the same calendar year, of another form of university education, daytime courses, attended without interruption;
18. are in the period between completion of a form of university education, at undergraduate or master's level, as well as post-university masters, daytime courses, and the beginning, in the same calendar year, of another form of university education at undergraduate or master's level, daytime courses, attended without interruption;
19. are in the period between completion of a post-university education form, daytime courses, and the beginning, in the same calendar year, of another post-university education form, daytime courses, attended without interruption;
20. are in the period of 60 days from the completion of compulsory education or, as the case may be, graduation of daytime courses of pre-university, undergraduate, master's and post-university master's education, organized according to the law, with or without graduation exam, for the purpose of employment or, as the case may be, transition to unemployment, calculated from the 1st day of the month following the completion of studies;
21. benefited from unpaid leave to participate in training and professional development courses initiated by the employer or ones the employer approved;
22. are in the period between graduation of daytime courses of higher medical education, with a bachelor's exam organized in the first session, and the start of the first residency after graduation;
23. were sent on 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, from 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 the spread of SARS-CoV-2 coronavirus and/or from the allowance established according to the support measures for employees and employers in the context of the epidemiological situation caused by the spread of SARS-CoV-2 coronavirus, as well as for stimulating increased labor force 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 the conditions provided herein.

In the situation where one or more of the children resulting from multiple pregnancies are classified as having 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 there is already an established monthly allowance right for child raising, by extending the period if the extension request is submitted before the previous right ceases;

b) if the classification as disabled is made after the child/children reaches/ reach the age of 2 years and the child raising leave and allowance have been previously granted, 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) are exceeded.

The following persons benefit from the monthly child raising allowance:

• any of the child's/children's biological parents;
• any of the spouses 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 parent, only for their own biological or adopted children;
• the person who was 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 parent who may benefit from these rights only for their own children, as well as the person who was appointed guardian.

In the situation of persons who have adopted a child, to whom the child has been entrusted for adoption, or who have the child in foster care or in emergency foster care, the granting of rights takes into account the 12 months preceding the one in which, as the case may be, the adoption was approved, the entrustment was made or the foster care or guardianship was instituted.

If the parent who meets the conditions to benefit from the leave and monthly allowance dies, the surviving parent has the right, upon request, to benefit from the rights as follows:

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

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

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 leave is extended accordingly in case of overlap of two or more situations generating this right. In such situations, only one allowance is granted.

If 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 a period of up to 12 months from the end of the previous child raising leave, if the calculation results in a lower monthly child raising allowance than the allowance received before the birth of the latest child, the monthly child raising allowance previously received is granted.

Rights are granted when the applicant cumulatively meets the following conditions:

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

b) has domicile or residence in Romania;

c) lives in Romania together with the child/children for whom they are requesting the rights and is responsible for raising and caring for them.

Entitlements representing allowances are established as follows:

a) starting from the day following the day when maternity leave ends, if the request is submitted within 60 working days from that date;

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

c) starting from the date of adoption, guardianship, foster care or entrustment, if the request is submitted within 60 working days from the date the protection measures for the child were approved or instituted;

d) starting from the day following the day when the entitled person earns taxable income, if the request is submitted within 30 working days from this date;

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

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

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

b) the child has died.

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

1. the beneficiary is deprived of parental rights;
2. the beneficiary is removed from exercising guardianship;
3. the beneficiary no longer meets the conditions provided by the applicable legislation for entrusting the child for adoption;
4. the beneficiary no longer meets 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 admitted to a public or private care institution;
7. the beneficiary has died;
8. if 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, respectively 3 in the case of a disabled child;
10. it is found that for 3 consecutive months returned postal mandates are registered.

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

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