What is the maximum duration for unpaid leave in Romania?
The maximum duration of unpaid leave varies depending on the specifics of each job and the conditions outlined in collective labor agreements or internal employer regulations. The Romanian Labor Code and other legal regulations provide a general framework that allows employees to take unpaid leave, but its duration may depend on the reasons for the request and the agreement between the parties.
First of all, Article 54 of the Labor Code states that an individual employment contract may be suspended by mutual agreement in cases of unpaid leave for studies or for personal interests. This means that the duration of unpaid leave must be negotiated and established based on the individual circumstances of each employee. It is important to note that legislation does not impose a universal limit for such leave but allows flexibility depending on the nature of the request and the employer’s internal policy.
However, for resolving personal matters, Article 153 of the Romanian Labor Code grants employees the right to unpaid leave. The exact duration of this leave is usually determined in collective labor agreements or internal company regulations. For example, in the case of auxiliary staff in courts and prosecutor’s offices, internal regulations stipulate a maximum duration of 90 working days per year for unpaid leave requested for personal matters. This duration may be extended in special circumstances, such as caring for a sick child or accompanying a relative for treatment abroad.
In the public sector, the regulations are similar. According to Government Decision no. 250/1992, employees in public administration, autonomous administrations, and budgetary units are entitled to unpaid leave with a maximum duration of 90 working days per year for situations such as taking baccalaureate exams or university entrance exams. These leaves are granted based on specific requests and may be extended for exceptional situations, such as medical treatment for a child or a close relative, in which case there is no imposed duration limit.
For professional training, unpaid leave is regulated separately under Article 155 of the Labor Code. These leaves are granted at the employee’s request for the duration of professional training, and the employer has the right to refuse the request only if the employee’s absence would seriously disrupt business operations. Additionally, unpaid leave for professional training may be granted in installments, depending on the employee’s needs, without affecting other rights such as annual leave.
An important aspect to consider is the impact of unpaid leave on seniority in employment. According to Article 16, paragraph (6) of the Labor Code, unpaid leave is deducted from the total length of service, meaning that the unpaid leave period is not counted toward employment seniority. However, there is an exception for unpaid leave granted for professional training, which does not affect seniority, as stipulated in Articles 155 and 156.
In conclusion, the maximum duration of unpaid leave in Romania largely depends on the reasons for the request, the applicable legal framework, and the employer’s policy. In general, the law allows unpaid leave for studies, personal interests, or medical situations, and its duration can be determined through collective labor agreements or internal regulations.
