Additional Leave for In-Vitro Fertilization in Romanian Labor Code
The Romanian Labour Code via the Governmental Emergency Ordinance no. 26/2019 entered into force on April 23, 2019, brought about changes in the Annual Leave laws in Romania.
The Government decided to introduce a new type of paid leave for female employees who opt for in-vitro fertilization concerned by the low and decreasing birth rate in Romania, and by the fact that on average only 5,000 in-vitro fertilization is performed annually. This new type of leave extends for 3 days of which, 1 day on the day of the ovarian puncture and 2 days starting with the day of the embryo transfer. To benefit from this leave, employees must file a formal request accompanied by a medical letter issued by the specialist doctor confirming the in vitro procedure.
Since this is not a medical leave, it is unclear and uncertain as to how the new regulation will align with the legal requirement to schedule the annual leave beforehand. The consequences of the denial of such request for leave by the employer is unclear, as there are no apparent sanctions applicable to employers who refuse to grant the newly introduced paid leave.