Employment Flash News No. 4/2016

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Legislation

News on leaves

Law no. 57/2016 for the amendment and completion of Law no. 273/2004 on adoption procedure was published within the Official Gazette no. 283 from April 14, 2016.

The new provisions are introducing a new type of leave: accommodation leave.

Thus, the law provides that the adopter or, optionally, the wife or the husband in the adopting family, may benefit from an accommodation leave for maximum one year, including the period during which the child is entrusted for adoption and also from a monthly compensation paid from the state budget.

The accommodation leave represents length in service, in profession and in speciality. Also, during the accommodation leave, the employment contract may be suspended upon the employee’s request.

The employer is obliged to approve the accommodation leave and failure to comply with this provision represents an administrative offence, sanctioned with a fine ranging from 1.000 RON (approx. 220 EUR) to 2.500 RON (approx. 550 EUR).

Furthermore, during the accommodation leave, the employer is prohibited to terminate the employee’s employment contract, excepting the situation in which the dismissal results from the employer’s judicial reorganisation, bankruptcy, or dissolution.

Moreover, the new provisions are especially providing the employer’s obligation to grant the employee or, as the case may be, the adopting husband and wife, paid time off for going through the evaluations imposed by the obtaining of the certificate and through the practical match, subject to a limit of maximum 40 hours per year. Paid time off will be granted based on the employee’s request, having attached the meetings calendar or, as the case may be, the visiting program issued by the competent authority.

Failure to comply with the provisions regarding paid time off represents an administrative offence, sanctioned with a fine ranging from 1.000 RON (approx. 220 EUR) to 2.500 RON (approx. 550 EUR).

The new provisions will become effective on August 12, 2016 and will be also applicable to persons having children entrusted for adoption on this date.

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