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

The amount of the monthly allowance is 85% of the average net income earned in the last 12 months of the two years prior to 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 its maximum amount cannot exceed the value of 8,500 lei.

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

1. have benefited from unemployment benefits or have completed contribution periods in the public pension system, under the special regulations governing collective redundancies;
2. were registered with the county employment agency for the granting of unemployment benefits;
3. benefited from social health insurance leave and allowances;
4. benefited from medical leaves and allowances for the prevention of illness and recovery of work capacity, exclusively for situations resulting from work accidents or occupational diseases;
5. benefited from disability pension;
6. are in the period of temporary work interruption at the employer's initiative, without termination of the work 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 the period of 3 months between the termination of a fixed-term employment contract and the commencement of another fixed-term employment contract;
11. accompanied the spouse sent on permanent mission abroad;
12. performed or are performing military service on a voluntary basis, were mobilized, concentrated, or in captivity;
13. attend, without interruption, full-time pre-university courses, including the "Second Chance" program, or, as the case may be, full-time university courses at undergraduate or master's level, as well as full-time post-university courses 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 in the case of interruption of courses for medical reasons;
14. have the status of PhD student;
15. are in the period between the conclusion of a form of pre-university education and the beginning, in the same calendar year, of another form of full-time pre-university education, organized according to the law, attended without interruption;
16. are in the period between the completion of full-time pre-university education, organized according to the law, and the commencement of full-time university education, in the same calendar year;
17. are in the period between the completion of a form of full-time university education, with or without bachelor's or diploma exam, and the commencement, in the same calendar year, of another form of full-time university education, attended without interruption;
18. are in the period between the completion of a form of university education at undergraduate or master's level, as well as post-university education at master's level, full-time, and the commencement, in the same calendar year, of another form of full-time university education at undergraduate or master's level, attended without interruption;
19. are in the period between the completion of a form of full-time post-university education and the commencement, in the same calendar year, of another form of full-time post-university education, attended without interruption;
20. are in the 60-day period after completing compulsory schooling or, as the case may be, after completing full-time pre-university, full-time undergraduate or master's university, and post-university master's studies, organized according to the law, with or without graduation exam, for employment or, as the case may be, registering for unemployment, calculated from the 1st of the month following the completion of studies;
21. benefited from unpaid leave to participate in professional training and improvement courses at the employer's initiative or with the employer’s agreement;
22. are in the period between completion of full-time higher medical education, with a bachelor's exam organized in the first session, and the commencement of 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 coronavirus SARS-CoV-2, the allowance established according to measures of social protection for employees and other professional categories in the context of prohibition, suspension, or limitation of economic activities, determined by the epidemiological situation generated by the spread of coronavirus SARS-CoV-2 and/or the allowance established according to measures to support employees and employers in the context of the epidemiological situation caused by the spread of coronavirus SARS-CoV-2, as well as for stimulating increased 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 countries benefit from the totalization of the activity periods carried out in these countries under the conditions provided by the present law.

If one or more of the children resulting from multiple pregnancies is classified as disabled, for him/her/them, the allowance is granted until the child/children turns/turn 3 years old, as follows:

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

The following persons benefit from the monthly child raising allowance:

• either of the child's/children's natural parents;
• either of the spouses to whom the child/children have been entrusted for adoption or have adopted the child/children;
• the person who has the child in placement or in emergency placement;
• the professional maternal assistant, only for his/her natural or adopted children;
• the person who has been appointed as guardian.

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

For persons who have adopted the child, to whom the child has been entrusted for adoption, or who have the child in placement or emergency placement, the rights are granted by taking into account the 12 months prior to the one in which, as appropriate, the adoption was approved, the entrusting took place, or the placement or guardianship was established.

If the parent who met the conditions to benefit from the leave and monthly allowance dies, the surviving parent is entitled to benefit, upon request, from rights, as follows:

a) from the rights of the deceased parent, if he/she does not meet the conditions provided by the applicable legislation;

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

The leave and monthly allowance are granted for each birth or, as the case may be, for each situation of adoption, entrusting for adoption, placement or emergency placement.

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

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

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

The rights representing allowances are established as follows:

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

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

c) starting with the date of adoption, establishment of guardianship, placement or entrusting, if the application is submitted within 60 working days from the date on which the measures for child protection were approved or, as the case may be, instituted;

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

e) from the date of the application, for all other situations, including where the application has been submitted after the deadlines provided in letters a)-c).

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

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

b) the child has died.

The right to allowance is suspended on the day following that 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 meets the conditions provided by the applicable legislation for the entrusting of the child for adoption;
4. the beneficiary no longer meets the conditions provided 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 public or private care facilities;
7. the beneficiary has died;
8. in the case where the beneficiary no longer meets the conditions for granting the rights;
9. the beneficiary obtains taxable income and the child has not reached the age of 2 years, or 3 years in the case of a disabled child;
10. it is found that for 3 consecutive months returned postal mandates are recorded.

The beneficiary of the rights is obliged to report in writing to the authority any change in their situation, likely to determine the cessation or suspension of payment of the rights, within 15 working days from its occurrence.

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