Regarding the effective date of Law no. 19/2020 concerning the granting of days off to parents for the supervision of children in the event of the temporary closure of educational institutions, published in the Official Gazette of Romania, Part I no. 209 on March 14, 2020 (“Law 19/2020”), we would like to share our opinion on this subject:

Following the emergence of certain contradictory press releases from the authorities regarding the application date of Law 19/2020, specifically the date from which employees can benefit from the days off granted for the supervision of children, there is a possibility that the authorities may consider the effective date of Law 19/2020 to be March 21, 2020 (the date when Government Decision 217 came into effect).

Smartree does not agree with the aforementioned viewpoint, as we believe that this interpretation overlooks the fact that the application of the law should be done not only in its literal sense but also in its spirit.

If Law 19/2020 were to apply only starting from March 21, 2020, it would undermine, even if only for a few days, the very reason for its social existence, which is to provide parents, in emergency situations where schools are closed by competent authorities, the possibility to supervise their children.

The fact that the decision appeared at a later date does not refer to the effective date of the law but rather to the implementation procedure. Therefore, we consider that the law prevails.

In this context, our opinion regarding the practical applicability is as follows:

– The provisions regarding the granting of days off for the supervision of children and the corresponding amount for this period apply starting from the date of its entry into force, specifically March 17, 2020, until the reopening of educational institutions (except for school holiday periods);
– The provisions regarding the recovery of amounts related to the days off granted for the supervision of children apply for the period: March 17, 2020 – April 3, 2020, if the state of emergency is not extended after April 14, 2020.

We have sent letters to the authorities with jurisdiction in this matter in order to receive their official response.