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Romania Amends Labour Code to Provide In-Vitro Fertilization Leave

Romania’s fertility rate is statistically low, with only 1.54 children born per woman in 2018. The country’s birth rate has continued to decline since the early 90s, and more families are choosing to have one or no children. In-vitro fertilization, while increasingly common in the European Union, is rare in Romania. Approximately 5,000 Romanian couples undergo the procedure each year, in comparison with 40,000 couples in France.

Romania recently made changes to its Labour Code to promote in-vitro fertilization. As of April 23, 2019, female employees who decide to undergo the in-vitro procedure are now afforded three days of paid leave. This new leave law allows women to take one day of paid leave on the day of the ovarian puncture procedure, and the remaining two days may then be used in concurrence with the embryonic transfer procedure. Employees must file a formal request for this non-medical leave with an attached letter from their doctor confirming that they will undergo in-vitro fertilization.

While there are no sanctions outlined for employers who refuse to grant in-vitro leave, Romania has demonstrated its interest in supporting population growth and may strictly enforce this new leave law. Employers should consider how requests for in-vitro fertilization leave should be scheduled in conjunction with female employees’ annual leave, and they should update leave policy language to reflect these Labour Code changes.

© 2020 Proskauer Rose LLP. National Law Review, Volume IX, Number 191

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About this Author

Daniel Ornstein, Litigation Attorney, Proskauer Law FIrm
Partner

Dan Ornstein leads our London labor and employment team and is a co-head of our International Labor & Employment Group. He has over 15 years of experience dealing with a broad range of UK and international employment issues. Dan is a go-to advisor for clients who rely on his sophisticated advice both on day-to-day matters and high-stakes situations. Dan is ranked in Chambers UK, which describes him as "incredibly analytical", "incredibly intelligent and an excellent sounding board” and someone who “displays both empathy and an assured knowledge of the best way to...

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Rachel Therese Labor and Employment Lawyer Proskauer Law Firm
Associate

Rachel Gulotta is an associate in the Labor & Employment Department.

She earned her  B.A. in French and history from Davidson College and her J.D. from Tulane Law School. During law school, she was moot court chief justice, a member of the Willem C. Vis International Commercial Arbitration moot court team, and president of the Civil Law Society. Additionally, she clerked with Magistrate Judge Joseph C. Wilkinson, Jr. in the United States District Court for Eastern District of Louisiana for one year after law school. 

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