Amendments To Law No. 273/2004 Regarding The Adoption Procedure

The adoption procedure in Romania has recently been amended by Law no. 57/2016.

Under the new provisions, employees benefit from accommodation leave when they request to adopt a child from the competent authorities. This leave is granted for a maximum of one year. This period includes the time allocated for approval of the adoption.

During the accommodation leave, the employees receive a monthly allowance and do not owe mandatory social contributions, except for the health contribution. The monthly allowance, as well as the health contribution, are paid by the National Agency for Payments and Social Inspection. This period of leave is considered to be a contribution period for the calculation of pension, unemployment benefit and statutory maternity pay and allowance.

However, the employee benefiting from the accommodation leave and the related allowance cannot request parental leave (in Romanian “concediu pentru cresterea copilului”) or an insertion incentive (in Romanian “stimulent de insertie”),.

The allowance for employees during accommodation leave is 3.4 ISR (meaning the “social reference index”). Currently, the social reference index has a value of RON 500. Therefore, the monthly allowance is in amount of RON 1,700.

Failure of employers to grant accommodation leave triggers the risk of fines ranging between RON 1,000 and RON 2,500.

Stratulat Albulescu - Attorneys at law