At Smartemp, we often talk about balancing professional and personal life. Between projects, deadlines, and meetings, many of us are also juggling parenthood—or preparing to become parents—and we’re always curious about our rights, including the childcare allowance and employment reintegration incentives.
I remember when I first started looking into the childcare allowance. After the excitement of welcoming a child, the bureaucracy inevitably followed: documents, forms, certificates, and the classic question: “Where do I submit the application?” That’s when I realized how important it is to understand not only your rights but also the practical steps you need to follow.
That’s why, in this article, I’ve gathered essential information about the childcare allowance in 2026, explained clearly and accessibly, based on current legislation: Emergency Ordinance no. 111/2010, with amendments from Emergency Ordinance no. 26/2021 and Emergency Ordinance no. 164/2022. Find out what you’re entitled to as a parent!
Childcare Allowance: What You Need to Know
The childcare allowance is mainly regulated by Emergency Ordinance no. 111/2010 on parental leave and monthly childcare benefits.
This right is granted after maternity leave ends or immediately after the child is born if you are not eligible for maternity pay.
Who is eligible for the childcare allowance?
According to Article 2, paragraph (1) of EO 111/2010:
“Persons who, in the last two years before the child’s birth, have earned taxable income for at least 12 months (…) are entitled to parental leave until the child reaches 2 years of age, or 3 years for a child with disabilities, as well as a monthly allowance.”
This means that to receive the allowance, the parent must have earned taxable income for at least 12 months during the two years prior to the child’s birth.
How much will you get?
The amount of the allowance is set by Article 2, paragraph (2) of EO 111/2010:
“The monthly allowance is 85% of the average net income earned in the last 12 months of the two years preceding the child’s birth.”
“The monthly allowance is 85% of the average net income earned in the last 12 months of the two years preceding the child’s birth.”
Difference from maternity leave
It’s important not to confuse the childcare allowance with maternity leave, which is taken before it.
Maternity leave is regulated by health insurance legislation and includes:
126 days of medical leave
63 days prenatal
63 days postnatal
Maternity pay is 85% of the average gross income earned in the last six months.
Are you still covered by public health insurance during parental leave?
Yes, you remain insured in the public health system, but 10% of your childcare allowance is automatically deducted as the health insurance contribution (CASS), according to Article 5, paragraph (1) of Law no. 95/2006 on health sector reform.
Key points:
You don't need to submit declarations or pay contributions separately.
The payment is automatically deducted by the institution issuing the allowance (usually AJPIS).
You stay fully insured and you get the net allowance.
You don’t need to do anything extra—contributions are handled automatically, and your health rights are fully maintained.
Legislative changes in 2021 and 2022 regarding the childcare allowance
In recent years, legislation on parental leave and childcare allowances has been updated to reflect social realities and European directives on work-life balance.
Two key changes were introduced:
Emergency Ordinance no. 26/2021
Emergency Ordinance no. 26/2021
These amendments are added to EO 111/2010, clarifying eligibility conditions and introducing new rules for both parents’ involvement in childcare.
Changes introduced by EO 26/2021
EO 26/2021 clarified periods that count toward contribution records. Even periods when a parent did not earn income can now be considered when calculating allowance eligibility.
Article 2, paragraph (5) of EO 111/2010:
“Periods during which a person received unemployment benefits, social health insurance leave and allowances, or attended full-time university or postgraduate studies, are considered equivalent to periods of income.”
Other recognized periods include:
Childcare leave for another child (Art. 2(5)(a))
Temporary incapacity for work (Art. 2(5)(b))
Disability pension periods (Art. 2(5)(c))
These clarifications allow parents with irregular income, students, unemployed, or temporarily incapacitated workers to access the allowance.
Purpose: EO 26/2021 expands parental leave and allowance rights to more parents, including those at the start of their careers or in professional transitions.
Changes introduced by EO 164/2022
EO 164/2022 introduced one of the most important updates to childcare legislation in recent years, aligning national law with the EU Directive on work-life balance for parents and caregivers.
A key change allows the childcare leave to be shared between both parents. Article 11 of EO 111/2010 now states:
Accordingly, the ordinance amends Article 11 of EO 111/2010, which provides that:
At least two months of the total parental leave are reserved for the other parent, provided they meet the conditions for leave and allowance.
If the other parent does not claim this leave, the period is subtracted from the total parental leave: “If the parent for whom this period is reserved does not request the leave, it is deducted from the total parental leave.”
This introduces the concept of “non-transferable months,” already common in many European countries.
Objectives:
Encourage both parents’ involvement in childcare
Support work-life balance
Reduce labor market discrimination between men and women
Clarifications on income considered for allowance calculation (EO 164/2022)
EO 164/2022 added Article 3, paragraph (3) to EO 111/2010, clarifying that:
“If the eligible persons were in the situations described in Art. 2(5) and (6), the monthly income received during these periods, calculated legally by the payers, is considered for allowance calculation.”
This provision confirms that all income earned during the relevant periods—including from self-employment or other taxable sources— as long as it is properly declared and calculated.
More specifically:
Emergency Ordinance 164/2022 revises Article 3(3) of Emergency Ordinance 111/2010, clearly specifying that the allowance is determined based on the actual income reported and calculated by income payers.
This amendment was introduced in order to transpose into national legislation the provisions of Directive (EU) 2019/1158 on work-life balance for parents.
In practice, this means that:
income from salaries and from independent activities (sole proprietorships, copyright income, etc.) is taken into account based on actual amounts, in accordance with tax rules.
if you had both salary income and income from other activities during the relevant period for calculating the allowance, these must be considered by the institution that determines the allowance and calculated according to the law.
Who is eligible for the childcare allowance?
The childcare allowance is regulated by Government Emergency Ordinance (GEO) No. 111/2010. It is granted to the person who effectively takes care of the child, regardless of the parents' marital status, as well as to persons involved in adoption or foster care. The right is limited to a single person for the same child.
1. Who can benefit from the childcare allowance
According to Art. 2 para. (1) of GEO No. 111/2010:
“The childcare allowance is granted to:
a) the child’s mother;
b) the child’s father;
c) the person who adopts the child;
d) the person who has the child in foster care;
e) the child’s legal custodian
The right to the childcare allowance is granted to only one person for the same child.”
2. In the case of adopted children
The law clearly states that individuals who adopt a child or have a child placed with them for adoption enjoy the same rights.
Art. 2 para. (6) of GEO No. 111/2010:
“The right to leave and allowance is also granted to persons who adopt the child or have the child entrusted to them for the purpose of adoption.”
3. Situation of unmarried parents
The law doesn't differentiate based on marital status. If the father is legally recognized and listed on the birth certificate, he may request leave and the allowance:
“The allowance is granted regardless of the parents’ marital status. A legally recognized father mentioned in the birth certificate may request leave and the allowance.” (interpretation based on Art. 2 para. (1) and Art. 3 para. (1) of GEO No. 111/2010)
Conditions you have to meet to benefit from the childcare allowance
If you are wondering, “Can I receive the allowance even if I have not worked 12 months in the last 2 years before the child’s birth?”, here is what you need to know:
1. Minimum income period
According to Art. 2 para. (1) of GEO No. 111/2010:
“Persons who, in the last 2 years prior to the child’s birth, have earned income subject to income tax for at least 12 months (…) are entitled to childcare leave for a child up to the age of 2 years, or 3 years in the case of a child with disabilities, as well as to a monthly allowance.”
What this means for you: you must have earned taxable income for at least 12 months in the last 2 years, regardless of whether those months were consecutive.
2. Types of income taken into account
The law refers to income subject to income tax. Therefore, the following can be considered:
salaries;
self-employment income (sole traders, liberal professions);
copyright income;
agricultural, forestry, and fishing activities;
other taxable income according to the Fiscal Code.
3. Equivalent periods – when you can benefit even if you did not work
Even if you didn't work all 12 months, the law allows certain periods to be included in the calculation of the contribution period. According to Art. 2 para. (5) of GEO 111/2010:
“Periods during which a person received unemployment benefits, social health insurance leave and allowances, or attended full-time university or postgraduate studies, are considered equivalent to periods of income.”
Other equivalent periods provided in Art. 2 para. (5) letters a–c include:
periods when you received childcare leave and allowance for another child;
periods of temporary incapacity for work;
periods when people received disability pensions.
4. What this means for you:
If you earned income for only 6 months, but you were unemployed, on medical leave, or studying full-time during the rest, these periods are added to the income periods;
This way, you can reach the required minimum of 12 months;
The law guarantees your right to the allowance even if you had periods without income, as long as they are recognized under Art. 2 para. (5).
How much money do you earn during childcare leave in 2026
The allowance represents 85% of the average net income earned in the last 12 months, according to Art. 2 para. (2) of GEO 111/2010, as clarified by GEO 82/2017.
Minimum and maximum limits
The law also sets thresholds based on the Social Reference Indicator (ISR). For 2026, the ISR is estimated at approximately 660 lei, which means:
Minimum allowance: approximately 1,650 lei
Maximum allowance: approximately 8,500 lei
If the ISR value increases during the year, these thresholds will be automatically adjusted to maintain social balance.
How the allowance is calculated
The formula is simple, but in practice it may vary depending on the type of income and specific situations:
Allowance = 85% × the average net income from the last 12 months
According to Art. 3 para. (3) of GEO 111/2010, if you had mixed income (employment + self-employment), all income is taken into account, based on officially declared and recorded data.
Example of how the allowance is calculated in 2026
Let’s assume your average net income over the last 12 months was 4,500 lei.
Allowance calculation:
4500 × 85% = 3,825 leiHealth insurance contribution (CASS) 10% (according to Art. 5 para. (1) of Law 95/2006):
3825 × 10% = 382.5 leiNet amount you actually receive:
3825 – 382.5 ≈ 3,442.5 lei
Documents required to get the childcare allowance in 2026
Before submitting your application for the childcare allowance, it is important to know which documents are required. These are official proofs that support your entitlement and allow the authorities to correctly calculate the amount you will receive.
Preparing the documents in advance helps you avoid delays and focus on what truly matters: spending time with your child. Some forms must be completed by you, others by your employer or the other parent, and some personal documents confirm your identity and family situation.
Below is the complete list of required documents for 2026:
Standard application form for allowance/incentive
Standard certificate issued by the employer
Decision on suspension of activity
Child’s birth certificate
Parents’ identity documents
Marriage certificate
Bank account statement (original, signed and stamped by the bank, in the beneficiary’s name, if payment is requested by bank transfer)
Applicant’s declaration
Declaration of the other parent
Personal data processing declaration aici.
- Bank account statement in the name of the legal representative
File index (opis) aici.
Where applicable, the authorities may additionally request the following documents:
Family record book
Documents proving the applicant’s status and their relationship with the child for whom the benefit is requested
Documents proving income and its monthly, quarterly, or annual level, issued by the employer or competent authorities
Certificate confirming the child’s disability status, if the child is officially classified as having a disability
When to submit the documents for the childcare allowance
The application file for the childcare allowance must be submitted within a maximum of 60 working days from the date of the child’s birth or from the end of maternity leave, according to Art. 6 para. (1) of GEO 111/2010:
“The application file for granting childcare leave and the monthly allowance must be submitted to the competent authority within 60 working days from the date of the child’s birth or from the end of maternity leave.”
If you exceed this deadline, the law clearly states that the payment of the allowance starts from the date of submission of the file, without being granted retroactively for previous periods, which is important to know in order not to lose money.
Where to submit the file and who pays the allowance
According to Art. 6 para. (2) of GEO 111/2010, the file is submitted to the General Directorate of Social Assistance and Child Protection (DGASPC) or to the local city hall, depending on the area where you live.
The allowance is paid by the Territorial Agencies for Payments and Social Inspection (AJPIS), which take over the file, verify the documents, and transfer the calculated amount on a monthly basis.
When you receive the allowance
The childcare allowance is paid monthly, usually in the first part of the following month for which it is due, and it can be transferred directly to your bank account or, if you do not have one, by postal order, according to Art. 7 para. (1) of GEO 111/2010.
Do you earn income from self-employment or agriculture? Here is what you need to know about the allowance!
Parents who earn income from independent activities, such as agriculture, forestry, or fishing, can benefit from the allowance if they meet the income conditions. According to Art. 2 para. (1) and para. (5) of GEO 111/2010, you must have earned at least 12 months of taxable income in the last two years, and this income must be documented through tax declarations and accounting records.
Your income from sole trader activities, agricultural activities, or liberal professions is taken into account together with your salary, so that you meet the 12-month requirement and can benefit from the childcare allowance.
Keep in mind that the last months of leave belong to the other parent
The parent who initially took childcare leave may receive the allowance until the child reaches 1 year and 10 months, the last 2 months being reserved for the other parent. GEO 164/2022 introduced important clarifications regarding the involvement of both parents in raising the child, thus at least two months of the total childcare leave period are reserved for the other parent, if they meet the eligibility conditions:
“At least two months of the total period of childcare leave are reserved for the other parent, provided that they meet the conditions for granting the leave.” (Art. 11 para. (1) of GEO 111/2010, as amended by GEO 164/2022)
If the other parent meets the conditions, they may benefit from leave and allowance. If they do not request this right, the parent who initially took childcare leave cannot take the last 2 months, having the option to take unpaid leave or return to work.
If the other parent doesn't meet the conditions for granting the childcare allowance, that period may be granted to the parent who has already benefited from the leave.
How to notify your return to work
If you decide to return to work earlier than the initially planned childcare leave period, it is important to follow a few simple administrative steps. First of all, you must notify your employer in writing at least 30 calendar days before the date you intend to resume work. This period allows the employer to organize the resumption of activity and any contractual adjustments.
You will also need to submit a request to terminate childcare leave and inform the institution that pays the allowance (AJPIS) in order to stop the payment when you resume work.
These situations are mentioned in the Art. 9 para. (2) of GEO No. 111/2010: “The entitled person may request at any time the resumption of activity, with the termination of childcare leave and of the allowance payment.”
If you return to work when the child is 2 years old or earlier, you will also benefit from the insertion incentive, provided by Art. 7 of GEO 111/2010, granted to encourage parents to return to professional activity. It is paid monthly until the child reaches the age established by law, provided that you resume work and earn taxable income.
Questions and Answers About the Childcare Allowance
Can I be dismissed while on childcare leave?
No. The law provides special protection for parents on childcare leave.
According to Art. 25 para. (2) of GEO No. 111/2010, an employer cannot terminate an employee in this situation.
The legal text states: “Dismissal of an employee during childcare leave is prohibited.”
This protection continues after returning to work. Under the Labor Code, dismissal is prohibited for six months after resuming activity.
There are, however, a few rare exceptions, such as judicial reorganization, bankruptcy, or the closure of the employer.
Under what conditions does the childcare allowance stop?
The allowance is not permanent and may stop under certain legally defined circumstances.
According to Art. 12 of GEO No. 111/2010, the allowance ceases if:
The child reaches 2 years of age (or 3 years for a child with disabilities)
The beneficiary returns to work and earns taxable income above the allowed limits
The child is placed in a permanent care institution
The beneficiary no longer meets the legal conditions for receiving the allowance
Additionally, the payment of the allowance may be temporarily suspended if circumstances arise that affect the initial entitlement, such as earning income above the permitted threshold.
Can I work while receiving the childcare allowance?
Childcare leave involves suspending professional activity, as the purpose of the entitlement is for the parent to care for the child during the early years.
However, Romanian law allows limited income without losing the childcare allowance.
This opportunity is regulated by Art. 16 para. (3) of GEO No. 111/2010
Art. 16 para. (3) of GEO No. 111/2010 states:
“Payment of the childcare allowance is not suspended if the entitled person earns, in a calendar year, taxable income up to a net amount equal to 8 times the minimum allowance established under this ordinance.”
In other words, a parent on childcare leave may earn additional income as long as it does not exceed the legally established ceiling.
How does this limit work in practice?
The limit is calculated using the minimum childcare allowance.
If the minimum allowance is approximately 1,650 lei, the annual income ceiling is:
1,650 × 8 = 13,200 lei per year
If annual income exceeds this limit, the allowance may be suspended.
What types of income are considered?
The law refers to taxable income, which may include:
Income from self-employment (sole proprietorships, liberal professions)
Income from copyrights
Income from occasional contracts
Income from agricultural activities
This income must be declared for tax purposes, as authorities may verify whether the annual ceiling has been exceeded.
How much is the allowance for a second child?
In the case of multiple births, parents receive a supplement to the basic allowance.
According to Art. 2 para. (2) of GEO No. 111/2010, the allowance represents:
“85% of the average net income earned in the last 12 months of the two years prior to the child’s birth.”
If the second child is born while you are already on leave for the first child, the law allows continuation of leave and recalculation of the allowance based on your previous income.
If the allowance for the second child is lower than that of the first child, according to GEO 111/2010, the parent will receive the higher amount, that is, the allowance calculated for the first child. This measure applies if the second child is born during the leave period for the first child or shortly after its end.
How much do I receive for twins or triplets?
In the case of multiple births, parents receive a supplement to the basic allowance.
According to Art. 5 para. (1) of GEO No. 111/2010:
“In the case of multiple births, a supplement of 50% of the minimum allowance is granted for each child from the second child onward from the same pregnancy.”
Thus, for twins or triplets, the basic allowance remains, and an additional percentage is added for each child starting with the second.
Can I receive the allowance if I was a student?
Yes, in certain situations. The law recognizes certain periods as equivalent to contribution periods, even if you had no income from work.
According to Art. 2 para. (5) of GEO No. 111/2010, equivalent periods include:
“Periods during which the person attended full-time university or postgraduate studies organized according to the law.”
This means that your study period can count toward the 12 months required to qualify for the allowance.
Can I receive the childcare allowance if I am unemployed?
Yes, if you have received unemployment benefits.
According to Art. 2 para. (5) of GEO No. 111/2010, periods when you received unemployment benefits are considered equivalent to income periods.
Thus, even if you did not have an active employment contract during that period, it can still count toward your entitlement.
Childcare allowance is one of the main support rights for parents during the child’s early years. Understanding the eligibility conditions, calculation method, and administrative steps can help you manage this period more easily and avoid delays or uncertainties.
Being well-informed about the childcare allowance allows you to navigate the administrative process efficiently and focus on what truly matters: the beginning of a new stage in your life as a parent.
Sources:
GEO No. 111/2010 regarding childcare leave and monthly allowance
GEO No. 26/2021 amending GEO No. 111/2010
GEO No. 164/2022 amending GEO No. 111/2010
Law No. 95/2006 on healthcare reform
Labor Code – Law No. 53/2003, republished
EU Directive 2019/1158 on work-life balance for parents and carers
- https://dgaspc3.ro/
National Agency for Payments and Social Inspection (ANPIS)
Ministry of Labor, Family, Youth and Social Solidarity
Read also:
Insertion Incentive 2026 – Your Legal Rights and the Financial Support You Receive after Parental Leave
Medical Leave. How It Is Paid in 2026. Find Out Your Rights According to Legal Provisions!