In short: part of Romanian parental leave is non-transferable — reserved for the parent who did not take the rest of it. The rule, from Government Emergency Ordinance no. 111/2010, art. 11: at least one month of the total belongs to the other parent, and if they don’t claim it, nobody can take it over. Total leave is shortened, and the allowance is no longer paid for that period. In practice: the family loses both the time and the money.
This is the most expensive gap in knowledge across the whole parental-rights package — and it is almost always discovered too late.
What “non-transferable” means
Parental leave runs until the child turns 2 (3 for a child with a disability). In the vast majority of Romanian families, the mother takes all of it.
The law provides, however, that when both parents meet the eligibility conditions, part of the leave is reserved for the parent who has not used it — usually the father. Hence the popular name “the father’s month”, although legally it applies to whichever parent is in that position.
The mechanism, in three sentences:
- The non-transferable period belongs exclusively to the other parent.
- If that parent does not claim the leave, the other cannot take it in their place.
- The total duration of leave is reduced by that period, and no allowance is paid for it.
It is not a penalty and it is not negotiable with your employer or with AJPIS. It is simply a right that either exists or lapses.
What the family actually loses
| If the father takes his month | If he doesn’t |
|---|---|
| Leave runs for its full duration | Total duration shortens by the non-transferable period |
| The allowance is paid for that period too | No allowance is paid for that period |
| The child has another month at home with a parent | The child enters group care or another arrangement sooner |
| The father gets dedicated time with the child | The right lapses permanently and cannot be recovered |
The practical effect nobody anticipates: the mother’s allowance stops earlier, by exactly the period the father did not take. Many families only discover this when the money stops arriving and assume it is an AJPIS error.
Conditions and how to take it
Who qualifies: the parent who did not take the rest of the leave, provided they themselves meet the eligibility conditions — that is, they have the income record required by law in the period before the birth.
When: at any point within the window in which parental leave can be granted, i.e. until the child turns 2 (3 for a child with a disability). It does not have to come last; it can be taken earlier.
How: the application is filed with AJPIS Cluj, like any parental allowance claim. Your employer must be notified under the Labour Code, and the employment contract is suspended for that period.
Which documents: generally the standard form, ID, the child’s birth certificate, an income certificate and documents on the contract suspension. ⚑ The exact list can change — confirm with AJPIS Cluj before filing.
For the full allowance context, see the child-raising allowance and how it is calculated.
Don’t confuse it with paternity leave
These are three different things, and mixing them up leads to wrong calculations:
| Paternity leave | Non-transferable month | Return-to-work incentive | |
|---|---|---|---|
| When | First weeks after birth | Any time up to age 2 | On returning to work |
| Who pays | The employer | Parental allowance (state budget) | State budget |
| Lost if not taken? | Yes | Yes, permanently | Not applicable |
Separate details in our guides on paternity leave and the return-to-work incentive.
Why it’s worth taking, beyond the money
The financial argument is clear: without it, the family loses the allowance for that period. But there is a practical argument many families in Cluj underestimate.
The stretch where the father is alone with the child changes the long-term care balance: routine, feeding and sleep become shared competences rather than one parent’s specialism. And if nursery is next, a child who treats both parents as primary attachment figures handles settling in more easily — see what counts as normal settling in.
In practice, the non-transferable month can be placed immediately before nursery starts, as a bridge between leave and group care.
Frequently asked questions
What is “the father’s month”? It is the non-transferable portion of parental leave, reserved by law for the parent who did not take the rest of it. Under OEO no. 111/2010, art. 11, at least one month of the total belongs to that parent.
What happens if the father doesn’t take his month? It is lost permanently. The other parent cannot take it over, the total leave duration is reduced by that period, and no allowance is paid for it.
Can the mother take the non-transferable period instead? No. That is precisely what “non-transferable” means: if the parent entitled to it does not claim it, the other cannot benefit in their place.
When can it be taken? At any point while parental leave can be granted, i.e. until the child turns 2 (3 for a child with a disability). It does not have to be taken at the end.
Does the father have to meet the eligibility conditions himself? Yes. The rule applies in situations where both members of the family meet the legal conditions for the leave and allowance.
Is it the same as paternity leave? No. Paternity leave falls in the first weeks after birth and is paid by the employer. The non-transferable period is part of parental leave and is covered by the allowance paid from the state budget.
Sources
- OEO no. 111/2010, art. 11 — the non-transferable nature of the leave — full text
- OEO no. 111/2010 on parental leave and the monthly child-raising allowance
- The father’s month — conditions and required documents
- AJPIS Cluj — filing the application and the current document list
Conclusion
The rule has one practical consequence worth both of you remembering: the non-transferable period cannot be postponed or split — you take it or you lose it. Discuss it at the start of the leave, not in the final months when the options have already closed.
If you are already planning nursery after this period, compare the options in your neighbourhood on the piticluj.ro interactive map. See also our data sources.