On the 14th of April 2016 it was published in the Official Gazette of Romania, Part I with the number 283, the LAW no. 57 from April 2016 for the amendment and addition to the Law no. 273/2014 on the adoption procedure, as well as of other regulatory documents, that will enter into force on the 12th of August 2016

 

Thus, from August the employed persons who adopt children are entitled to benefit from an adaptation leave of maximum one year, which also includes the period of the child's entrustment in view of the adoption, as well as from a monthly allowance, with respect to the Social Reference Indicator, in the amount of 3,4 Social Reference Indicator. The Social Reference Indicator has a value of 500 lei thus, the monthly allowance will be of 1,700 lei.

IMPORTANT!!! During the adaptation leave the entitled person benefits from the payment of the individual health insurance contribution. The contribution amount is calculated by applying the percentage share, provided by law, to the amount of the granted allowance. For the adaptation leave allowance no tax and social contributions will be due.

The adaptation leave period is considered labour and service seniority, as well as in speciality and is to be considered for the establishment of the rights that are granted in relation to these. Moreover, the adaptation leave period is considered as assimilated to the period of contribution and used in order to obtain social insurances performances, under the conditions provided by Law no. 263/2010 on the public unitary pension system and of the rights established by the Law no. 76/2002 on the unemployment insurance system and the stimulation of employment, as well as in the view of the establishment of rights provided by the Government Emergency Ordinance no. 111/2010.

The leave can be granted starting with the day following the one on which the judicial decision of the entrustment in view of the adoption was enforced.

The application for the granting of the leave and of the allowance (whose form will be established through the application rules of the Adoption Law) will have to be accompanied by:

v the certificate based on which the judicial decision of the entrustment in view of the adoption is enforced;

v the document attesting the child's transfer in to the adopting person/foster family;

v the proof of actually entering leave or of the activity suspension.

The request and the supporting documents will be submitted and registered to the Agency for Payments and Social Inspection in the territorial radius of which the entitled person has his/her domicile/residence.

The employers are bound to grant to the employee or, according to the case, to the husband or wife employees who adopt, free time for performing the evaluations imposed for obtaining the attestation and the realisation of practical adaptation, without reducing the salary rights, within the maximum of 40 hours a year.

The free time is granted based on the applicant's request, to which the meeting calendar or, as the case may be, the visits program, drafted by the competent directorate, were annexed. The employer's failure to comply with these provisions represents contravention and is sanctioned with fine ranging from 1,000 lei to 2,500 lei.

The ascertainment of the provided contravention and the application of the appropriate fine are carried out by the competent representatives of the Labour Inspection.

The adaptation leave and the payment of the allowance are suspended starting the day following the one on which one of the following situations occur:

the child's emergency placement was established;

the judicial decision on the revocation of the entrustment in view of adoption has been enforced.

The adaptation leave and the payment of the allowance are suspended starting the day following the one on which one of the following situations occur:

the maximum provided period of one year for the adaptation leave has expired.

upon the request of the entitled person

the child has reached the age of 18 years;

the child's death occurred

the entitled person who was to adopt as a single parent died;

the judicial decision on the revocation of the entrustment in view of the adoption is definitive.

Bibliography:

LAW no. 57 from the 11th of April 2016 for the amendment and addition to the Law no. 273/2004 on the adoption procedure and on other regulatory documents.