ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of November 15, 2016 No. 1245

About approval of the Regulations on appointment conditions, procedure for calculation and allowance payment on paternity

Based on Article 124-1 of the Labor code of the Republic of Moldova No. 154-XV of March 28, 2003 (The official monitor of the Republic of Moldova, 2003, Art. No. 159-162, 648), with subsequent changes and amendments, DECIDES: the Government

1. Approve Regulations on appointment conditions, procedure for calculation and allowance payment on paternity according to appendix.

2. The expenses incurred for the purpose of implementation of this Resolution for insured persons in the state system of social insurance become covered by budget funds of the national social insurance.

3. To national cash desk of social insurance in 2-month time to bring the information system "Social protection" into accord with provisions of this resolution.

Appendix

to the Order of the Government of the Republic of Moldova of November 15, 2016 No. 1245

Regulations on appointment conditions, procedure for calculation and allowance payment on paternity

I. General provisions

1. The entitlement to benefit on paternity for care of the newborn or the child adopted by the child is provided to the father insured in system of the national social insurance, working at basis of the individual employment contract or who is in the office relations on the basis of the administrative act, and also being the professional worker, performing activities in the sphere of justice, having the permanent residence or the place of registration in the Republic of Moldova.

2. Appointment, accounting and the organization of allowance payment for paternity is performed by National cash desk of social insurance (further – National cash desk).

3. Ceased to be valid according to the Order of the Government of the Republic of Moldova of 14.12.2020 No. 898

II. Procedure for purpose of benefit on paternity

4. The insured persons, professional workers performing activities in the sphere of justice, insured in the state system of social insurance have entitlement to benefit on paternity in the presence of general insurance years of service at least 3 years.

5. The insured persons, professional workers performing activities in the sphere of justice, insured in the state system of social insurance at whom the general insurance years of service constitute less than 3 years have entitlement to benefit on paternity in the presence of at least 9 months of insurance years of service for the last 24 months preceding birth date child/date of establishment of adoption of the child.

The insurance years of service join all insured periods, since first working day of insured person and before birthday of child / day of establishment of adoption of the child, according to information from the State register of individual accounting in the state system of social insurance.

5-2. In case of the insured persons provided in part (1-1) articles 4 of the Law No. 489/1999 on the state system of social insurance, calculation of the insurance years of service necessary for purpose of benefit on paternity, join the entire periods of execution of service as the serviceman or the employee (employee) with special status in bodies of national defense, state security and public order till January 1, 2017.

5-3. In case of the professional workers performing activities in the sector of justice calculation of the insurance years of service necessary for purpose of benefit on paternity, join the periods during which fixed amounts of fees of the national social insurance, since January 1, 2021 were paid.

6. Conditions of purpose of benefit on paternity:

a) the father of the newborn child according to its statement is granted leave on paternity at all companies where it performs activities, within the first 12 months since the birth of the child;

b) the father of the newborn child demanded purpose of benefit on paternity within 12 months from birth date of the child;

c) the father of the newborn child has the insured income in the place of the main work for the last three months preceding month of the birth of the child.

6-1. Conditions of purpose of benefit on paternity for the father who is the professional worker performing activities in the sphere of justice:

a) the allowance on paternity is granted from birth date of the child, for 15 calendar days, without stay condition on leave on paternity;

b) requested establishments of benefit on paternity within 12 months from birth date of the child;

c) paid the fixed amount of fees of compulsory national social insurance determined since January 1, 2021 within at least one month from the last 3 calendar months preceding month of the birth of the child.

6-2. Conditions of purpose of benefit on paternity to the father of the adopted child:

a) the father of the adopted child according to its statement is granted leave on paternity at all companies where it performs activities, within the first 12 months from the date of adoption establishment;

b) the father of the adopted child requested purpose of benefit on paternity within 12 months from the date of adoption establishment;

c) the father of the adopted child gained insured income within the last 3 months preceding month of establishment of adoption.

To the father of the adopted child who received benefit provided in part (2) article 182 of the Law No. 289/2004 on temporary disability benefits and other benefits of social insurance, the benefit on paternity is not provided.

6-3. Conditions for purpose of benefit on paternity to the father – the professional worker who is performing activities in the sphere of justice, adopted the child:

a) the allowance on paternity is granted from the date of establishment of adoption of the child for a period of 15 calendar days without stay condition on leave on paternity;

b) the father of the adopted child requested purpose of benefit on paternity within 12 months from the date of adoption establishment;

c) the father of the adopted child paid the fixed amount of fee of compulsory national social insurance determined since January 1, 2021, at least in one month for the last 3 calendar months, preceding month of establishment of adoption of the child.

To the father of the adopted child who received benefit provided in part (2) article 182 of the Law No. 289/2004 on temporary disability benefits and other benefits of social insurance, the benefit on paternity is not provided.

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