The parental leave rules in Denmark allow parents to tailor their leave to their individual needs and ensure an equitable division between mother, father, and and/or co-mother. These regulations are designed to create a balance between work and family life and are a cornerstone of the Danish labour market. Here is an overview of the current rules and their implications for your business.
Dedicated Parental Leave
Each parent is entitled to 9 weeks of non-transferable parental leave with maternity benefits. These weeks cannot be transferred between parents and must, as a rule, be taken before the child’s first birthday. If this leave is not used, the right to maternity benefits for these weeks is forfeited.
Additional Flexibility in Parental Leave Legislation
Beyond the non-transferable weeks, parents can share additional leave. For example, the mother can transfer up to 8 weeks of her maternity leave to the father or co-mother if she chooses to return to work earlier. This flexibility enables parents to plan their leave to meet the needs of their family and workplace.
Specific Rights for Mothers
Mothers are entitled to 4 weeks of pregnancy leave before the expected birth date and 10 weeks of maternity leave after birth. The first 2 weeks are mandatory leave, which must be taken immediately after birth, while the remaining 8 weeks can be transferred to the father or co-mother if the mother prefers to return to work. This ensures that fathers or co-mothers can step in as primary carers if desired.
Specific Rights for Fathers and Co-Mothers
Fathers or co-mothers are entitled to 2 weeks of paternity leave, which must be taken within the first 10 weeks following the birth. Additionally, fathers and co-mothers can participate in the flexible distribution of parental leave weeks, based on internal family agreements.
Flexible Working Arrangements and Extension of Leave
Parents may request flexible working hours during and after their leave. For instance, parental leave can be extended from the standard 32 weeks to 40 or 46 weeks. It is also possible to take leave consecutively, alternately, or back-to-back, depending on the family’s needs and the employer's approval.
Note: It is no longer possible to stretch maternity benefits over the extended leave period. This requires careful planning by both parents and employers.
Reimbursement and Financial Considerations
Employers should be aware of the rules regarding reimbursement of maternity benefits. Applications for reimbursement must be submitted to the municipality no later than 8 weeks after salary payments during leave have ceased. If this deadline is missed, the right to reimbursement for the period in question is forfeited.
Additionally, employers are advised to include provisions in salary agreements to ensure wages are reduced or discontinued if full reimbursement cannot be obtained. Employers must also comply with the Danish Salaried Employees Act, which guarantees half pay during maternity leave for salaried employees, regardless of reimbursement eligibility.
Notice Periods for Leave
Parents must notify their employer of their planned leave at least 16 weeks before the intended start date. However, the rules allow for changes to the notice if unforeseen circumstances arise. Employers and employees may also agree on more flexible arrangements.
How Can Azets Assist?
At Azets, we are experts in employment law and HR regulations. We can help ensure your business complies with current parental leave rules and advise you on how to best plan and manage leave. Contact us today to ensure your business is prepared to manage parental leave effectively and correctly.
