Maternity, paternity, and parental leave in Romania

Romania’s family leave framework is generous, but it operates through several distinct legal regimes. Maternity leave is a medical benefit funded through the National Health Insurance Fund. Paternity leave is a short, employer-funded entitlement. Parental (child-raising) leave is a state benefit administered by local government offices for up to 24 months, or 36 months where the child has a disability. Each leave type follows different eligibility rules, funding arrangements, reporting requirements, and employer responsibilities, making it important for foreign employers to understand them separately.

Two recent reforms have significantly changed the framework. OUG No. 164/2022 (with implementing rules effective from September 2023) doubled the non-transferable second-parent quota from one month to two months, meaning families lose two months of paid parental leave if the reserved portion is not used by the second parent. Law No. 141/2025, effective from 1 August 2025, removed the CASS (health insurance contribution) exemption for the child-raising allowance, reducing the net amount received. Together, these changes affect both employer administration and the value of family leave benefits, making it important for employers to understand the current rules before managing leave requests or planning workforce coverage.

Romania’s family leave system is governed by several complementary laws. Each regulates a different type of leave, determines who funds the benefit, and identifies the authority responsible for administering it.

• Labour Code (Law No. 53/2003, republished): Establishes employment protections, including dismissal restrictions during pregnancy and certain family-leave periods, breastfeeding breaks, and general job-protection rights.
• OUG No. 158/2005 on Medical Leave and Health Insurance Benefits: Governs maternity leave and risk-maternity leave as medical benefits. These benefits are administered through the National Health Insurance House (CNAS) and funded by the National Health Insurance Fund (FNUASS).
• OUG No. 111/2010 on Parental Leave and the Monthly Child-Raising Allowance (CCC), as amended by OUG No. 55/2017, Law No. 66/2016, and OUG No. 164/2022: Regulates parental leave and the monthly child-raising allowance. Administration rests with the county agencies for payments and social inspection (AJPIS).
• Law No. 210/1999 on Paternity Leave, as amended by OUG No. 117/2022, establishes the statutory entitlement to paternity leave, which is funded directly by the employer through its salary fund.
• OUG No. 96/2003 on Maternity Protection at Work, as amended by Law No. 154/2015, requires workplace risk assessments for pregnant employees, sets employer obligations, and provides breastfeeding protections and related workplace safeguards.

Law No. 283/2022 subsequently transposed the EU Work-Life Balance Directive 2019/1158 into Romanian law, introducing carers’ leave and expanding flexible working rights for parents and carers.

Maternity leave in Romania is treated as a health-insurance benefit rather than a standard employment entitlement under the Labour Code. It is governed by OUG No. 158/2005 as a medical leave indemnity and is available exclusively to the birth mother. The entitlement transfers to the father only in the limited circumstance where the mother dies during the postnatal period.

Paternity leave is a short, employer-funded entitlement available to fathers following the birth or adoption of a child. It is separate from the mother’s leave entitlement, does not reduce the father’s annual leave balance, and is paid entirely by the employer rather than through the health insurance system.

Parental leave is Romania’s primary long-term family leave entitlement under OUG No. 111/2010. It is a gender-neutral, family-level benefit administered by AJPIS rather than the employer or the health insurance system.

Risk-maternity leave is a supplementary health-insurance benefit for pregnant or breastfeeding employees whose work presents a health or safety risk and whose employer cannot provide suitable alternative work. It is separate from both maternity leave and ordinary sick leave and may be taken either before or after maternity leave, but not at the same time.

Key rules include:

• Duration: Up to 120 calendar days.
• Benefit: 75% of the average monthly gross income earned during the six months preceding the leave.
• Calculation ceiling: 12 times the national gross minimum wage (approximately RON 51,900 per month using the July 2026 minimum wage).
• Tax treatment: Exempt from both income tax and CASS (Code 15 benefit under OUG No. 158/2005). Law No. 141/2025 did not remove this exemption.
• Eligibility: No minimum contribution period is required.
• Payment: The employer advances the benefit through payroll and subsequently claims reimbursement from the territorial Health Insurance House.

The insertion incentive is a monthly state benefit designed to encourage an early return to work during the parental leave period. It is available to eligible parents who resume work before their parental leave entitlement ends and is paid until the child reaches 2 years of age, or 3 years of age for a child with a disability.

The monthly incentive is:

• RON 1,500 if the parent returns to work before the child reaches 6 months of age (or 1 year for a child with a disability).
• RON 650 if the parent returns after the child reaches 6 months of age.

The insertion incentive cannot be received at the same time as the child-raising allowance. Claiming the incentive suspends the parental allowance for the same period. The benefit is also available to eligible self-employed individuals (PFA).

Under OUG No. 96/2003, as amended, employers must provide breastfeeding employees with two one-hour paid breaks during each working day until the child reaches one year of age. At the employee’s request, these breaks may instead be combined into a single two-hour reduction of the daily working schedule. In both cases, the time counts as working time and is paid by the employer.

Separately, where a medical assessment identifies risks before maternity leave begins, a pregnant employee may request a one-quarter reduction of normal working hours without any salary reduction.

Employers that choose to provide a dedicated breastfeeding room must ensure it complies with the applicable statutory hygiene requirements.

• Sick child care leave (concediu pentru îngrijirea copilului bolnav): up to 45 days per year to care for a sick child up to age 7; up to 16 years for a child with a serious illness; up to 18 years for a disabled child with intercurrent diseases. Paid at 85% of earnings, funded via FNUASS.
• Carer’s leave (concediu pentru îngrijitori): 5 working days per calendar year under Law No. 283/2022 to care for a relative or co-resident requiring care due to a serious medical condition. The employment contract is not suspended, so salary rights continue. Collective agreements may provide longer periods.
• Force majeure / family emergency leave: a limited number of working days per year for urgent and unforeseen situations affecting the employee’s child, parent, or spouse. Unpaid unless agreed otherwise.

The Labour Code protects employees from dismissal while they are pregnant (once the employer has been notified in writing), on maternity leave, risk-maternity leave, parental leave, or sick child care leave. The protection does not apply where employment ends because of the employer’s judicial reorganisation, dissolution, or bankruptcy.

Employees returning from leave must be reinstated to their previous position or an equivalent role. For parental leave, employees should give at least 30 days’ written notice before returning, allowing the employer time to prepare for reinstatement.

For employers managing Romanian payroll, each type of leave comes with a different administrative responsibility.