Romanian maternity leave starts with a single fixed number: 126 calendar days of paid leave. During those days, the employee receives an indemnity of at least 85% of their average monthly salary for the previous 12 months, paid by the National Health Insurance House (CNAS) through the National Public Pensions House (CNPP). The employer’s role is to grant the leave, file the required documentation, and hold the position open.

This guide covers maternity leave in Romania in 2026: the 126-day entitlement, the indemnity calculation, employer obligations during leave, notice requirements, and what happens when the employee returns to work.

Key takeaways

Maternity leave lasts 126 calendar days — at least 63 days must be taken after birth, with the remainder available before birth, under Government Emergency Ordinance No. 158/2005.
The maternity indemnity is 85% of the average monthly salary for the 12 months preceding the leave, subject to a ceiling set by law.
CNPP pays the indemnity — not the employer. The employer advances the first 25 days and then seeks reimbursement from CNPP.
The employment contract is suspended, not terminated. The employee returns to the same position (or an equivalent one) after leave.
The employer cannot dismiss an employee during maternity leave or for a period of 12 months after returning.

The 126-day entitlement

Romanian maternity leave is governed by Government Emergency Ordinance (GEO) No. 158/2005, transposing EU Directive 92/85/EEC on pregnant workers. The entitlement is 126 calendar days (approximately 18 weeks), of which:

At least 63 days must be taken after birth
The remaining days can be taken before birth (the employee chooses how many, but at least 42 days must be taken pre-birth if she qualifies)

The leave begins on the date specified in the medical certificate issued by the attending physician. A medical certificate confirming pregnancy and the expected due date must be provided to the employer at least 15 days before the start of the pre-birth leave period.

Period	Duration	Requirement
Pre-birth leave	Up to 63 days	Minimum 42 days recommended; medical certificate required
Post-birth leave	Minimum 63 days	Cannot be shortened
Total	126 calendar days	Must be taken within the period surrounding the birth

If the child is born before the leave starts, the leave begins immediately and the total duration adjusts so the post-birth period is at least 63 days.

The maternity indemnity

The maternity indemnity under GEO 158/2005, Article 2 is calculated as 85% of the average monthly salary for the 12 months preceding the leave. The calculation includes:

Gross salary (including regular bonuses and allowances)
Bonuses linked to performance (if regular over the 12-month period)
Any contractual salary increases during the period

The indemnity is subject to a ceiling — it cannot exceed a statutory maximum set annually by government decision. In 2026, the ceiling is approximately 14,300 RON per month, though employers should confirm the current figure with CNPP.

Worked example: Ana’s maternity indemnity

Ana earned a gross salary of 9,000 RON per month for the 12 months before her leave. Her average monthly salary is 9,000 RON. Her maternity indemnity is 85% of 9,000 = 7,650 RON per month, paid for the full 126 days (approximately 4.2 months). CNPP pays this amount through the employer, who advances the first 25 days.

Who pays the indemnity?

The indemnity is paid by CNPP (Casa Națională de Pensii Publice), the National Public Pensions House. However, the process works in two stages:

Employer advances the first 25 days — the employer pays the employee’s indemnity from its own funds for the first 25 calendar days of leave.
CNPP reimburses from day 26 — the employer submits a claim to CNPP and receives reimbursement for the indemnity from day 26 onward.

The employer must submit the claim to CNPP within 30 days of the leave starting. Late submissions delay reimbursement.

Employer obligations during maternity leave

Romanian employers have five core duties:

Grant the leave — the employer must grant maternity leave from the date specified in the medical certificate. Refusing or delaying leave is unlawful.
Advance the first 25 days’ indemnity — the employer pays from its own funds and recovers from CNPP.
Submit documentation to CNPP — the employer must file the indemnity claim within 30 days, including the medical certificate, salary history, and the employee’s insurance records.
Hold the position open — the employment contract is suspended, not terminated. The employee returns to their role (or an equivalent one) after leave.
Do not dismiss — under Article 60 of the Labour Code (Law No. 53/2003), an employer cannot dismiss an employee during maternity leave or for a period of 12 months after returning.

Notice requirements

Romania imposes specific notice requirements on both the employee and the employer:

Employee notice

Before leave starts: the employee must provide a medical certificate confirming pregnancy at least 15 days before the intended start of pre-birth leave.
Before returning: the employee must give at least 30 days’ written notice of their intent to return.

Employer notice

Granting leave: the employer must process the leave request within 5 working days of receiving the medical certificate.
Filing with CNPP: the employer must submit the indemnity claim within 30 days of the leave starting.

Notice requirement	Who	Deadline
Medical certificate to employer	Employee	15 days before leave start
Leave request processing	Employer	5 working days after receipt
CNPP indemnity claim	Employer	30 days from leave start
Return to work notice	Employee	30 days before return

The employment contract during leave

During maternity leave, the employment contract is suspended. This means:

The employee does not receive a salary (they receive the indemnity instead)
The employment relationship is maintained
Social security contributions are credited to the employee based on the indemnity period
The employee cannot be dismissed except in cases of serious misconduct (which is extremely narrow during leave)

When the employee returns, they are entitled to their previous position or, if that position has been eliminated, to a position of equivalent rank, responsibilities, and pay.

Childcare leave after maternity

After the 126-day maternity leave, the parent can take childcare leave (concediu pentru creșterea copilului) until the child turns 2 years old (or 3 years for a child with a disability). This leave is unpaid but accompanied by an childcare allowance paid by CNPP at a flat monthly rate.

The childcare leave can be taken by either parent, and they can alternate periods. The total entitlement does not change — only who uses it.

Common pitfalls

1. Miscalculating the indemnity period

The 126 days are calendar days, not working days. Employers who count working days end up granting leave that is too short, exposing the company to claims.

2. Filing the CNPP claim late

The 30-day deadline for filing the indemnity claim is strict. Late filings delay reimbursement, and some claims have been denied entirely for excessive delay.

3. Dismissing an employee during the protected period

The 12-month post-leave protection period is absolute except for genuine serious misconduct. Dismissal within this window typically results in reinstatement or significant compensation.

4. Confusing maternity with childcare leave

Maternity leave (126 days, 85% indemnity) and childcare leave (until the child is 2, flat-rate allowance) are separate entitlements. Conflating them creates payroll errors and compliance risks.

Frequently asked questions

How long is maternity leave in Romania?

Maternity leave in Romania lasts 126 calendar days — at least 63 days after birth and the remainder available before birth. The leave is paid at 85% of the employee’s average monthly salary for the preceding 12 months.

Who pays the maternity indemnity?

CNPP (the National Public Pensions House) pays the indemnity. The employer advances the first 25 days from its own funds and then submits a claim to CNPP for reimbursement from day 26 onward.

Can an employer dismiss an employee during maternity leave?

No. Under Article 60 of the Labour Code, an employer cannot dismiss an employee during maternity leave or for 12 months after returning. Dismissal is only possible for serious misconduct, which is an extremely narrow exception.

What happens if the employee does not return after maternity leave?

If the employee fails to return after the 126-day leave, the employer may consider the employment contract terminated. However, the employer should first check whether the employee is on childcare leave, which can follow immediately after maternity leave.

Does the employee need to return to the same position?

Yes. The employee is entitled to their previous position or an equivalent one with the same pay and conditions. If the position was eliminated during leave, the employer must offer a comparable role.

Putting it into practice

Five steps cover most Romanian maternity leave compliance:

Register the medical certificate and grant leave from the specified date within 5 working days.
Advance the first 25 days’ indemnity from company funds.
Submit the CNPP indemnity claim within 30 days of the leave starting.
Track the 126-day period and flag the return-to-work notice deadline 30 days before the end.
Verify the 12-month post-leave protection period on the employee record to prevent accidental dismissal.

You can take advantage of the free 14 days trial and explore Leave Balance.

A leave management system that handles Romanian-specific indemnity periods, automates CNPP claim deadlines, and flags the 12-month protection window keeps you compliant without tracking everything in spreadsheets.

Sources

Last updated: 26 July 2026. This article is general guidance, not legal advice. Romanian indemnity ceilings and benefit rates change annually — confirm current figures with CNPP and check the applicable collective bargaining agreement.

Maternity Leave in Romania: 126 Days of Indemnity Leave