The Conditions to Obtain Income during Parental Leave

The Government Decision 685/2015 on amending and supplementing the Methodological Norms of OUG 111/2010 on allowance and parental leave have been published in the Official Gazette of 27 August 2015. According to it, the people who have income from several activities and request parental leave must prove the suspension of at least one of these activities.

Thus, the parent who is on parental leave can get income, but with a maximum of 6 ISR / year (6 x social reference index that is currently – August 2015 – 500 lei), so 3,000 lei / year.

“During the leave (…), the entitled person may realize taxable income up to the level specified in art. 16 par. (3), letter c) of the Emergency Ordinance (maximum 6 ISR in a calendar year, ie 3000 RON – r.n.) by the actual pursuit of an activity, provided that the interruption / suspension of any of the activities were the basis for determining entitlement to allowance”, GD 685/2015 provides in Article 7.

If the entitled persons successively request the right to parental leave and to the allowance related to it, the limited income that they can obtain is applicable to each.

The Income from Parental Leave Eliminates the Right to Insertion Incentive?

Because the incentive insertion is conditioned by incomes, if the income obtained during parental leave the legislator established, in Article 9 of GD 685/2015, the interdiction of its request.

Because the incentive insertion is strictly conditioned by the earned incomes, there is an exception in its request in the case of revenues earned in the parental leave with the child allowance, under Article 9 of GD 685/2015.

“(9) If the net income is realized under art. 16 para. (3), letter c) of the Emergency Ordinance, the entitled person cannot claim the insertion incentive.”

This interdiction refers strictly to the period in which the parent in the parental leave has incomes under the conditions of GEO 111/2010, as evidenced also by Articles 7 and 8 of GD:

  • Article 7, par. (2), letter e) states that the entitled persons can realize revenues in terms of art. 16, para. (3), letter c) of GEO 111/2010 “between the date of established the right and and its suspension date for granting the insertion incentive, regardless of the option to leave of the entitled person, respecting the periods specified in the previous points.”
  • Article 8 provides that “during the period when one of the parents requests the parental leave from art. 6, par. (1) from the Emergency Ordinance, the another parent can’t benefit from the insertion incentive.”

The insertion incentive is granted only upon request and may be requested by the parent who, being in parental leave, obtains taxable income prior to the expiration of the child ages:

  • 1 year, if the person has chosen the parental leave for child aged up to one year and will benefit from insertion incentive for the remaining period until the child reaches two years;
  • 2 years, if the person has chosen the parental leave for child aged up to two years, until the child turns two years.

The value of the insertion incentive is 1 ISR – 500 lei at present.

When the Income Can Be Realized?

The persons in parental leave can achieve taxable income in these intervals, according to the amendments of the HG 685/2015:

  • between the date of entitlement to leave and to allowance and December 31 of that year (for any parental leave option of the entitled person);
  • in the period of January 1 of the year and the termination date of entitlement to parental leave and allowance (for parental leave option of the entitled person);
  • in the period between the established date and the date of termination of the right to parental leave and indemnity, in case this period is included in the same calendar year, where the parental leave is for one year;
  • in the period between 1 January and 31 December of the same year, where the parental leave is for two years or three years in the case of children with disabilities;
  • between the date of established the right and and its suspension date for granting the insertion incentive, regardless of the option to leave of the entitled person, respecting the periods specified in the previous points.

If the parent on parental leave has incomes higher than 3,000 lei per year, he is obliged to notify in writing the authorities of the city hall within 15 days. Otherwise, after authorities found that the limit has been exceeded, the compensation is considered wrongly cashed and it will be returned as the law provides.

The persons in parental leave may receive and other income without allowance payment suspension if they have:

  • benefit as a local councilor / county (without limiting the amount);
  • various amounts based on the law, on the collective labor agreement or individual employment contract, granted during parental leave, other than those resulting from the actual pursuit of an activity during the leave.

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