Resuming work and returning to the workplace after a nearly two-year break due to parental leave presents a challenge for most mothers and fathers involved in this process. To support them, the legislator has established several rights for these individuals and, at the same time, a series of obligations for their employers.
The most important provision in this regard is the prohibition on the termination of employment by the employer both during the parental leave and for the entire period during which the employee receives the insertion incentive, which is one year from the return to work. This prohibition does not apply in the event of judicial reorganization or the employer’s bankruptcy.
Additionally, it should be noted that the employee has the right to choose the time of return to work but is obliged to notify the employer in writing at least 30 days before the intention to resume the employment relationship. Once informed of the employee’s intention, the employer is required to facilitate their return to work. If the employer restricts or conditions the resumption of the employment relationship in any way, they commit an offense that can be punished with a fine ranging from 5,000 to 10,000 lei.
The return to work must be on the same position that the employee held at the start of the parental leave. Furthermore, at the time of return, the employee must benefit from all the improvements to the working conditions to which they would have been entitled if they had not taken the leave. If these conditions have worsened, the employee has the right to benefit from the most favorable conditions that existed before the parental leave.
Lastly, as a further implementation of the principle of equal opportunities, the legislator has established that any right related to the workplace acquired by the employee before starting the parental leave or that is in the process of being acquired at the start of the parental leave is maintained throughout the leave and applies after its conclusion, according to the conditions stipulated in the law, the collective labor agreement, or the individual employment contract.
