LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


Stand:
Chapter IV
SOCIAL HOLIDAYS

Art.

  123 Medical leave

(1) The paid medical leave is granted to all employees and apprentices based on the medical certificate issued according to the legislation in force.

(2) The manner of establishing, calculating and paying the indemnities from the state social insurance budget in connection with the medical leave is provided by the legislation in force.

Original 

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Art.

  124 Maternity leave and partial leave paid for child care

(1) Employees and apprentices, as well as wives dependent on employees, are granted maternity leave which includes prenatal leave with a duration of 70 calendar days (in the case of pregnancies with 3 or more children - 112 calendar days) and postnatal leave with a duration of 56 calendar days (in case of complicated births or the birth of two or more children - 70 calendar days), being paid for this period allowances in the manner provided in art. 123 par. ( 2).

(2) The insured persons referred to in paragraph (1) shall, upon expiry of their maternity leave, be granted, upon their written request, partially paid child care leave until the child reaches the age of three with the payment of a benefit from the state social insurance budget. Part-time leave with pay for the care of a child up to the age of 3 years shall be granted, optionally, to a parent, a grandparent, another relative who is directly responsible for the care of the child, and the guardian.

(3) Paid partial leave for childcare may be taken by both parents alternately, in instalments, according to the availability of each, provided that the instalments do not overlap. Such leave shall be included in length of service, including special work, and in the period of contribution.

(4) In the case of a request for partial leave with pay for childcare in instalments, the leave shall be granted no later than 30 days from the date of submission of the request, for the period indicated in the request. A copy of the child's birth certificate shall be attached to the request.

(5) The partially paid leave for the care of children born from a twin pregnancy, of triplets or multiples shall be granted, upon written request, to both parents or other insured persons provided in par. (2).

(6) An employee has the right to return from partially paid parental leave until the child reaches the age of three years before the end of the period specified in paragraphs (2) or (4) by giving 15 working days written notice to the employer.

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Art.

  124 .1 Paternity leave

(1) Paternity leave shall be granted under the conditions provided for in this article in order to ensure the effective participation of the father in the care of the newborn child.

(2) The father of the newborn child benefits from the right to a paternity leave of 14 calendar days.

(3) Paternity leave shall be granted on the basis of a written request within the first 12 months after the birth of the child. A copy of the child's birth certificate shall be attached to the application.

(3.1) In case of total or partial coincidence of paternity leave with sick leave, on the basis of a written request by the employee, unused paternity leave shall be extended.

(4) During the paternity leave, the employee benefits from a paternity allowance which cannot be lower than the average monthly income insured for the respective period and which is paid from the state social insurance budget.

(5) The employer is obliged to encourage the employees in order to benefit from paternity leave.

(6) The cases in which the employer creates situations with disadvantage effect of the employees who take paternity leave are considered cases of discrimination on the part of the employers and are sanctioned according to the law

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Art.

  125 Attaching the annual rest leave to the leave maternity leave and care leave baby

(1) The woman, based on a written request, is granted the annual leave before the maternity leave, provided in art. 124 paragraph (1), or immediately after it, or after the end of the child care leave.

(2) Persons referred to in Article 124 paragraph (4) shall be granted annual leave on the basis of a written request after the end of their childcare leave.

(3) The employees who have adopted newborn children or taken them under guardianship may use, based on a written request, the annual rest leave after the end of any of the leave granted according to art.127.

(4) The annual rest leave, according to paragraphs (1) - (3), is granted to the employees regardless of the seniority in the respective unit.

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Art.

  126 Extra unpaid care leave the child aged 3 to 4 years

(1) In addition to the maternity leave and the partially paid leave for the care of the child up to the age of 3, the woman, as well as the persons referred to in art. 124 paragraph (4), shall be granted, based on a written request, a unpaid additional leave for the care of the child aged 3 to 4 years, with the maintenance of the job (of the position). In the absence of the previous job (previous position), the mentioned persons are granted another equivalent job (equivalent position).

(2) Based on a written request, during the additional unpaid leave for the care of the child, the woman or the persons mentioned in art. 124 paragraph (4) may work under the conditions of part-time work or at home.

(3) The period of the unpaid additional leave is included in the seniority, including in the special seniority, if the individual employment contract has not been suspended according to art. 78 paragraph (1) letter a).

(4) The period of the unpaid additional leave is not included in the seniority that gives the right to the next paid annual leave, as well as in the contribution period according to the law.

(5) The employee may return from unpaid additional leave for childcare before the deadline set out in the request referred to in paragraph (2) by giving 15 working days written notice to the employer.

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Art.

  127 Leave for employees who have adopted children newborns or took them under guardianship

(1) An employee who has adopted a newborn child directly from maternity or taken him under guardianship shall be granted paid leave for a period starting from the day of adoption (taking under guardianship) and until the expiration of 56 calendar days from the day the birth of the child (in case of adoption of two or more children at the same time - 70 calendar days) and, based on a written request, a partially paid leave for the care of the child up to the age of 3 years. The allowances for the mentioned holidays are paid from the state social insurance budget.

(2) The employee who has adopted a newborn child directly from maternity or took him under guardianship is granted, based on a written request, an unpaid additional leave for the care of the child aged 3 to 4 years, according to art.126 .

(3) The employee who intends to adopt a child shall be granted, on the basis of a written request, unpaid leave during the entrustment of the adoptable child, which shall not exceed 90 calendar days.

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See the original = Romanian