Law no. 19/2020 regarding granting free days to parents for the supervision of children, in the situation of temporary closure of the educational establishments, has been enacted by Decree no. 193/2020, on 14th March 2020.
Therefore, since Tuesday 17th March 2020 (3 days after its publication in the Official Gazette), Law no. 19/2020 came into force. This law grants free days for parents to supervise their children, in certain situations, if the conditions established by law are fulfilled in advance.
Thus, from this date, in the situation of temporary closure of the educational establishments, one of the parents will be able to remain home to supervise the children, receiving in this regard an allowance of 75% of the salary corresponding to one working day.
Article 1 paragraph 1 of Law no. 19/2020 establishes two premises that can lead to the temporary closure of the educational establishments, when the parents can benefit from free days for the supervision of the children, during the suspension of the courses:
- adverse weather conditions;
- other extreme situations decreed by the competent authorities with powers in this field.
The next paragraph (art. 1, paragraph 2 of Law no 19/2020) establishes two conditions that have to be cumulatively fulfilled, in order the parents can benefit from the provisions of this law:
- they have children up to 12 years old or children with disabilities up to 18 years old, enrolled in an education unit;
- the busy work place does not allow the work from home or teleworking.
In order to avoid the situation in which both parents request the granting of free days for the supervision of the children in the conditions mentioned above, the legislator has established in article 2 paragraph 2 of Law 19/2020, the obligation to submit the application along with a self statement signed by the other parent, stating that he did not make the same request at his working place.
Article 2 paragraph 4 of the hereof establishes the fields of activity in which the employees require the employer’s agreement, for granting free days to supervise children, during the suspension of the courses. Among these, we mention: the units of the national energy system, the operational units from the nuclear areas, the health and social assistance units, the telecommunications, radio and public television units, the units that provide public transport and sanitation of cities.
It’s important to note that the provisions of this law shall apply both for those who work in the public field as for those who work in private sector. (article 5 of Law no. 19/2020).
Concerning the allowance, article 3 paragraph 1 and paragraph 2 establish that this one shall be paid from the related chapter of personal expenses, and will then be settled from The Guarantee Fund for payment of salary claims.
According to article 3 paragraph 3, the settled amounts will be returned (until the closing of the fiscal year) to The Guarantee Fund from the state budget, following a procedure established by a Government decision.
On 18th March, Decision no. 217 has been adopted, for the application of the provisions of Law no. 19/2020 regarding granting free days to parents for the supervision of children, in the situation of temporary closure of the educational establishments.
Article 2 of Decision no. 217 establishes the amount of the allowance to the value of 75% of the basic salary, without exceeding 75% of the average gross earnings per country.
According to article 3 of Decision no. 217/2020, for the settlement of the amounts, the employer will submit a request to the county employment agency, where the employer’s activity is taking place or where the branch/place of business is located, and will send the documents via e-mail.
The term within, the application can be filed along with the supporting documents (list of the beneficiaries, copies of payroll, employer’s statement stating that the beneficiaries fulfill the conditions required by law, the proof of payment of the contributions and taxes for the beneficiaries), is 30 days from the date of payment of the taxes and contributions related to the allowance.
The settlement of the paid amounts will be made within 60 calendar days from the date of registration of the application.