In short: if a kindergarten or nursery is temporarily closed by decision of the authorities — severe weather, natural disaster, epidemic or another officially declared emergency — one parent is entitled to paid days off for the whole closure, under Law no. 19/2020. The allowance is 75% of base salary, capped at 75% of the average gross wage used to underpin the state social insurance budget. It goes to one parent only, on the basis of a sworn declaration from the other.
The right is little known in a kindergarten context, even though the law explicitly covers preschool education.
When it actually applies
The key condition: the unit must be closed by decision of the competent authorities, for reasons outside the normal schedule. Examples from the law and from practice:
- extreme weather events (red warnings, blizzards, heatwaves);
- natural disasters;
- epidemics or epidemiological situations;
- other officially declared emergencies.
What does not count:
- school holidays — these are scheduled, so they do not trigger the right;
- public holidays;
- a unit closing on its own initiative, without a decision from the authorities;
- a sick child while the unit is open — that is covered by sick-child leave.
The distinction matters: over the summer, state units in Cluj close as scheduled, and Law 19/2020 does not apply. For those periods, see your summer alternatives and the holiday schedule.
Who qualifies
| Criterion | Condition |
|---|---|
| Child’s age | Up to 12 |
| Child with a disability | Up to 26 |
| The unit | An education unit, including preschool |
| Number of parents | One parent only, not both |
| Alternative | No other supervision option available |
That the law explicitly covers preschool education is the part many employers don’t know — the right does not start at the preparatory class.
How much you get, and who pays
The allowance is 75% of the base salary for a working day, but no more than 75% of the average gross wage used to underpin the state social insurance budget.
The payment mechanism: the employer pays the allowance, then recovers it from the Guarantee Fund under the procedure set by government decision (GD no. 217/2020). In practice this is cost-neutral for the employer — a useful argument if you meet resistance.
The allowance is subject to tax and contributions under the law.
Which documents you need
Three things, in order:
- A written request to your employer.
- A sworn declaration from the other parent stating they have not requested days off for the same period at their own workplace. Without this declaration the right is not granted — it is the document most claims fail on.
- A copy of the child’s birth certificate.
Keep proof of the closure decision (a notice from the unit, an authority’s decision), because your employer may ask for it.
When an employer can refuse
The law does not create an absolute right. Refusal is possible where activity cannot be interrupted — for example in certain sectors considered essential, where legislation provides alternative compensation instead of days off.
If you fall into that category, ask explicitly what compensation applies instead. And if your employer refuses without grounds, you can complain to the Cluj Territorial Labour Inspectorate.
How to prepare in advance
Closures come with hours of notice, not days. Worth having ready:
- The other parent’s declaration, filled in and signed in advance, updatable with the period.
- The child’s birth certificate, scanned.
- A childcare plan B — grandparents, a nanny, alternating with your partner. See our nanny / nursery / grandparents comparison and how to hire a nanny legally.
- Your employer’s internal policy — some companies require their own form.
Also check the channel your unit uses to announce closures (group chat, email, notice board). In Cluj, decisions usually come via ISJ Cluj or the city hall, depending on the type of unit.
Frequently asked questions
Am I entitled to paid days off if the kindergarten closes? Yes, if the closure is temporary and decided by the competent authorities for reasons such as severe weather, disasters or epidemics. Law no. 19/2020 explicitly covers preschool education units.
Up to what age of the child does it apply? Up to 12, and up to 26 for children with disabilities.
How much do I get per day? 75% of the base salary for a working day, but no more than 75% of the average gross wage used to underpin the state social insurance budget.
Can both parents take the days off? No. The right is granted to one parent only, and the other must provide a sworn declaration that they have not requested the same days at their workplace.
Does it apply during the summer holidays? No. School holidays and public holidays are scheduled periods and do not trigger this right. The law targets unforeseen closures decided by the authorities.
Who bears the cost, the employer or the state? The employer pays the allowance and recovers it afterwards under the procedure approved by government decision.
Sources
- Law no. 19/2020 on granting days off to parents for supervising children — Romanian Legislative Portal
- Law no. 19/2020 — consolidated text
- Law no. 19/2020 (PDF) — School Inspectorate
- Reimbursement procedure — explanatory note to GD no. 217/2020 — Government of Romania
- Cluj County School Inspectorate — closure announcements
Conclusion
Remember three things and you’re covered: the right applies only to closures decided by the authorities, goes to one parent only, and most often fails for lack of the other parent’s declaration. Prepare that document in advance — when a closure is announced the evening before, there is no time to obtain it.
If you want to compare schedules across units in your neighbourhood, including extended-hours options, use the piticluj.ro interactive map. See also our data sources.