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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

(as amended on 22-12-2020)

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.

Prime Minister

Paweê Phillip

Countersign:

Minister of Labour, Social Protection and Family

 

Stele Grigorash

Minister of Finance

Octavian to Armash

 

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 is granted to the father insured in the state system of social insurance, performing activities based on the individual employment contract or who is in employment relationships based on the administrative act, to the professional worker who is performing activities in the sector of justice, for care of the newborn child, constantly living or temporarily staying 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 workers, 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 workers, 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 of the child.

The insurance years of service join all insured periods, since first working day of the worker and before birthday 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) it is provided to the father of the newborn child, according to the written application, leave on paternity at all companies where it works during the first 56 days after the child's birth;

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 14 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.

7. The application for purpose of benefit on paternity is submitted personally by the father or the child's mother, with appendix of supporting documents in territorial cash desk of social insurance (further - territorial cash desk) at the permanent address either in the place of registration or in territorial cash desk, in which it is served on legal address, the company at which works, or in electronic form by means of the single government portal of public services (www.servicii.gov.md) or the official page of National cash desk (www.cnas.md).

The application is submitted according to the sample established by National cash desk.

8. For purpose of benefit on paternity the following documents are submitted to territorial cash desk:

a) the identity certificate of the father of the newborn child in the original and the copy;

b) the certificate of birth of the child registered in competent division of the Agency of the state services, in the original and the copy;

c) on circumstances, the statement from the order on provision of leave on paternity in the original issued by all companies at which works.

9. The statement for purpose of benefit on paternity and necessary documents are considered within 30 calendar days from the date of filing of application in territorial cash desk, and in case of the electronic statement - from the date of registration of a statement in information system. If not all necessary documents are attached to the application submitted in territorial cash desk or the submitted documents are constituted incorrectly/short, the applicant has the right to provide within 30 calendar days from the date of filing of application documents which were absent or were corrected/are added.

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