Romania: New legal provisions adopted to protect mothers in the workplace

The Romanian Parliament has adopted new legal provisions that aim to better protect pregnant women and mothers in the workplace. The new law provides more obligations for the employer in the area of risk prevention in terms of health and safety.  

In June 2015, new legal provisions (Law 154/2015, in Romanian) were adopted, aiming to better protect pregnant women and working mothers in the workplace. The law amends Government Emergency Ordinance no. 96/2003. The new law will result in better working conditions for pregnant women and young mothers, clarifying some aspects of the ordinance and introducing new provisions.

The law provides new obligations for the employer. It obliges employers to seek to avoid exposing  pregnant employees or working mothers to any risks to their health and safety. Employers must perform regular evaluations together with the doctor for occupational health medicine and inform employees of potential risks, as well as the rights to which she is entitled. If the evaluation concludes that the mother is at risk, the employer must change her work organisation and duration of work, without a corresponding reduction in salary. If it is not possible to change her work organisation, she must be offered another position in the company, without any loss of income.

If necessary, in accordance with the law and its amendment, the employee is entitled to maternity risk leave. This cannot last more than 120 days, during which the employee receives an indemnity of 75% from the last six working months’ salaries, paid by the National Health Insurance Fund. In addition, mothers who are breastfeeding are allowed to take a two-hour break during the working day, without a reduction in salary.

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