Holiday leave in Romania
The leave policy in Romania, including all paid and unpaid leaves, is governed by the country's Labor Code. Depending on what leave is requested or mandated under law, leaves in Romania are basic, statutory rights employers are committed to and employees are entitled to.
The number of annual leave days in Romania for public and private employees is 20 days. Romania's Labor Code provides for at least three additional days of annual leave for employees working in dangerous or hazardous conditions, persons with disabilities, and young workers under 18 years.
As a general rule, how much an employee should be compensated for annual leave and how many additional days they may be entitled to depend on a combination of factors, including
- The specific conditions in an employment contract
- The employee's base salary, additional components of earned income, and payment frequency
- The standard work hours or days an employee must clock in according to their class or rank
The annual leave in Romania, which can be carried over to the next year, is calculated by multiplying an employee's daily salary average in their last three months of employment by the number of leave days. According to law, employers must pay annual leave allowances at least five days before a leave period start date.
Generally, all additional annual leave days are either indicated in an employment contract, negotiated on a case-by-case basis, or determined according to collective labor agreements.
Public holidays are not counted in the annual leave days that employees in Romania are entitled to.
Public holidays in Romania (2023)
In 2023, Romania has 15 public holidays, 12 of which are during weekdays and three of which (January 23rd, June 2nd, and August 14th) are government-approved to be public holidays to bridge gaps for holidays falling on weekends. Moreover, January 6th (Baptism) and 7th (St. John the Baptist) are pending Parliament approval to be declared public holidays.
The list of public holidays in Romania in 2023 is as follows:
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Types of leave in Romania
Special leave in Romania is usually designated under a sick leave label where employees are entitled to 183 days (or one year, in case of tuberculosis) of paid leave.
Two cases only are eligible for paid sick leave:
- An employee suffers an illness, disease, or injury outside of work
- An employee needs to care for a sick child or apply for maternity-related complications
Two general conditions apply, moreover, to all employees to be eligible for a paid sick leave:
- Being a legal resident of Romania or being an unemployed person
- Having contributed to the national social health insurance system for at least six months over the last calendar year (except for persons suffering from tuberculosis, a contagious disease, or HIV)
Employees are entitled to varying lengths of sick leave according to each case. Specifically, employees suffering from any illness, disease, or injury outside work are entitled to only 75% of their base salary as paid sick leave. However, employees suffering from tuberculosis, a contagious disease, or HIV are entitled to 100% compensation. Meanwhile, employee-parents who need to care for a sick child are entitled to 85% of their base salary and for up to 45 days only per year as paid sick leave.
Parental leave in Romania is granted for two days to parents following childbirth and five days (or 10 days to participate in an infant care program).
The suspension of an employment contract in Romania due to parental leave reasons and/or an employee's own initiative for unlimited periods is only allowed in certain cases, including:
- Caring for children under two years and up to three years in case of disabled children
- Caring for a sick child under seven years
- Caring for a disabled child (up to 18 years) experiencing intercurrent diseases
The maternity risk leave in Romania is granted to pregnant women or women who have given birth to a child 6-8 weeks prior for up to 126 days. This statutory period is equally (63 days) divided before and after childbirth, 42 days of which after childbirth are mandatory by law. The paid maternity leave compensation is set at a rate of 85% of a pregnant employee's base, monthly salary.
The general conditions to apply for maternity leave include:
- Being a legal resident in Romania
- Living together with a newly born child or children
- Contributing for at least six months to the national social insurance system
The breastfeeding break in Romania also receives special attention where employers are required under Law 154/2015 to provide at least a two-hour breastfeeding break per day to employee-mothers at a full base salary rate.
Maternal risk leave in Romania
According to Law 154/2015, pregnant employees and new mothers are granted new and unprecedented protections at the workplace. The maternity risk leave in Romania is just one of such recent protections.
The maternal risk leave is granted for up to 120 days (before and after maternity leave) to female employees who are not on maternity leave but may be exposed to maternity risks at the workplace. The paid maternal risk leave compensation is set at a rate of 75% of a pregnant employee's base, monthly salary.
The general conditions to apply for a maternal risk leave include
- Being a legal resident in Romania
- Being employed and having requested a maternal risk leave before or after childbirth
Vocational training leave
- The vocational training leave is applied for upon an employee's request.
- The employer may reject a vocational training leave only after a union or employee representative agreement.
- The application for a vocational training leave must be at least one month before the start date and must include all relevant information, such as scope, duration, and name of the provider.
- The vocational training leave may be granted intermittently during a calendar year to perform different training-related activities such as examinations.
The formalities and procedures, meanwhile, of a paid vocational training leave are as follows:
- An employee is entitled to a paid vocational training leave of up to 10 days or 80 hours if their employer fails to meet their obligations under the law to provide for vocational training.
- The 10-day or 80-hour paid leave is determined upon mutual agreement and may be interrupted if an employee's absence from vocational training is detrimental to their work.
The lack of specificity about vocational training leave in Romania opens up new windows of opportunities for employers and employees. For employers, additional education- and/or training-related benefits can be provided to attract best-in-market skills. For employees (more so Generation Z), having additional benefits for education and professional development is a highly sought benefit.
At Skuad, we are global experts in employee benefits and more. Take your benefits to the next level and reach out to our experts to help you engage your skilled workers in more beneficial and rewarding ways.
Additional (supplementary) leave
The additional leave in Romania is granted for different reasons. Under the law, employees in Romania are entitled to a wide range of additional (aka supplementary) leave benefits (in money or in-kind), including
- Marriage (5 days)
- Marriage of an employee's child (2 days)
- Death of an immediate family member (3 days)
- Relocation for the same employer (5 days)
- Mobility i.e., not working from a single workplace
As a general rule, all leaves are unpaid unless otherwise specified by law. The periods each employee may be entitled to may also vary on a case-by-case basis, be subject to the collective labor agreement, or be dependent on the employer-employee agreement. Additional leave in Romania, in short, comes in different forms and for various purposes, including:
- Resolving personal matters
- Participating in vocational training
- Requesting additional sick leave
- Requesting additional parental leave
- Requesting additional maternity leave
Granting unpaid leave to employees can be challenging at best for many employers, more so where unpaid leave is not clearly provided for in local laws. In Romania, as in many jurisdictions, leave may switch from being paid to unpaid depending on a combination of factors determined on a case-by-case basis.
Easily navigate leave policy in Romania with Skuad
For an international employer, a global workforce is indispensable to success. Then again, to actually succeed in Romania and elsewhere you need to manage employee compensation and leave extremely well. That requires, in turn, in-depth knowledge of local employment laws and best benefits practices.
As an established employer of record, we at Skuad are your go-to choice to develop benefits, an essential part of which is leaves: paid and unpaid. Don't risk your business success by setting up subpar benefits for your skilled workers. Talk to the experts and let us handle your leave policy in Romania and beyond — quickly, compliantly, and cost-effectively.