Leave. Parental leave. The possibility for employees to benefit from leave related to the period when they were on parental leave

DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

Abstract

The period in which an employee benefited from parental leave is not to be taken into account when establishing the duration of the annual leave. This is provided by Art. 145 para. (4) of the Labour Code, which does not include this period among those that must be taken into account when establishing the period of leave to which an employee is entitled. The provisions of Art. 22 of the Government Emergency Ordinance no. 111/2010 regarding the parental leave and monthly allowance expressly provide the extent to which the parental leave period is assimilated to length of work, service or specialty. CJEU ruled on the compliance of this interpretation with union law in the case C-12/17, Maria Dicu, and so did the Constitutional Court Decision no. 760/2014.