Maternity and Parental leave
ABSENCE & PARENTAL LEAVE
According to the Parental Leave Act, both parents are entitled to 24 weeks of parental leave benefits, but only 13 of those weeks can be freely transferred between the parents.
11 of the parents' 24 weeks of leave entitlement are earmarked for each parent individually.
For the mother, the first two weeks after birth are compulsory leave, followed by nine weeks of leave, which do not necessarily have to be maternity leave.
For the father/co-mother, there are 2 weeks of paternity/co-mother leave, which are taken in connection with the birth. As a general rule, this leave starts from the time of birth or the day after and must be taken within 10 weeks after the birth. If the leave is to be taken later than immediately after the birth, it must be agreed with your employer. In addition to the two weeks of paternity/co-mother leave, there are also nine weeks of earmarked leave.
If the weeks of earmarked leave are not taken within the child's first year, the right to them is forfeited. The weeks must be taken before the child turns one year old, so this is something you as parents need to be aware of if you are taking your leave consecutively.
The remaining nine weeks of earmarked leave can be taken intermittently. There is no requirement for them to be taken consecutively, so you can easily take your nine weeks of earmarked leave in several periods. If you wish to do so, remember to notify your employer within the notification rules so that the scheduling of your leave is legally secured. If you notify later, it must instead be agreed upon with your employer.
The new rules apply only to employees. If the child's mother or father/co-mother is self-employed, unemployed, or a student, the 11 weeks of earmarked parental leave generally do not apply to them.
Leave that can be transferred between parents:
The 11 weeks of earmarked leave cannot be transferred between parents. However, the remaining 13 weeks of leave allocated to each parent can be transferred. This can be done on www.borger.dk after the child's birth. It is also worth finding out how many weeks of paid leave each of you is entitled to from your respective workplaces. For example, if the mother is entitled to 26 weeks of paid leave after the birth, the father can transfer two of his weeks to the mother, so you can maximize the amount of paid leave. If too much leave is transferred, it can be transferred back.
Postponed Leave:
Both parents have the option to postpone part of their leave. Only the portion of leave that is not earmarked can be postponed for use after the child turns one year old. You are entitled to postpone up to five weeks of parental leave with parental benefits for use after the child turns one, but you can postpone more than five weeks if you can agree on it with your employer. Postponed parental leave must be taken before the child turns nine years old.
The postponement of up to five weeks is a right you have, so you only need to notify your employer. This is called a "rights-based postponement," meaning that a future employer will also have to respect this if you change jobs. If you have postponed more than the five weeks, any additional postponed weeks are considered an "agreement-based postponement," and these are not protected in the same way with a new employer as the rights-based postponed weeks.
Postponement of leave must be notified to your employer no later than eight weeks after the birth. When you wish to use the five weeks of postponed leave, this must also be notified at least eight weeks before you intend to start the leave. If you have postponed more than five weeks, the scheduling of the leave must be agreed upon with your employer.
NOTICIATION RULES FOR PARENTAL LEAVE
The notification rules regarding when you must inform your employer about becoming a parent have not changed. For the mother, the deadline is no later than three months before the expected birth, while the father/co-mother must notify no later than four weeks before the due date.
Before the birth, the mother must inform her employer of the expected due date at least three months in advance. For the father/co-mother, the deadline is four weeks before the expected birth.
After the birth, both the mother and father/co-mother must inform their employers of how they plan to take their leave no later than six weeks after the birth. If the mother wishes to transfer some of her parental leave to the father/co-mother, she must inform her employer of this no later than four weeks before the expected birth.
As a mother, you can transfer 8 of your 10 weeks of maternity leave to your partner. Therefore, you must notify your employer if you choose to transfer your maternity leave to your partner and whether you will be taking any additional leave instead. This must be done at least four weeks before the expected birth.
No later than six weeks after the birth, the mother must notify her employer of when she plans to return to work.
The father/co-mother must notify their employer at least four weeks before the expected birth about the taking of the two weeks of paternity/co-mother leave. They must also inform their employer whether they will be taking other leave during the first ten weeks after birth, whether it is their own leave or transferred maternity leave from the mother.
The leave that must be notified to your employer no later than six weeks after the birth is the leave that will be taken later than ten weeks after the birth.
If you miss the deadlines for notifying your employer about the leave, it does not mean that you lose the right to take the leave. However, the timing of the leave will have to be agreed upon with your employer.
Extension of Parental Leave:
You can still extend your parental leave in the future. Each parent can extend their leave by eight weeks, and parents who are employed or self-employed have the option to extend by 14 weeks. It is possible to combine postponement and extension of leave because the right to leave is granted to each parent individually.
It is no longer possible to spread out parental benefits over the extended weeks by receiving a lower amount each week. The weeks you extend your leave with will be without parental benefits. If you extend your leave, it must be taken consecutively and cannot be split into separate periods.
If you wish to extend your leave, you must notify your employer no later than six weeks after the birth, at the same time as informing them when you plan to start your leave.
FINANCES DURING PARENTAL LEAVE
Having the right to take leave during maternity or parental leave doesn’t necessarily mean you are entitled to salary during that time. This depends on the terms of your contract or any applicable collective agreement. For female salaried employees, they are entitled to half pay during the pregnancy leave, covering the four weeks before the expected birth, and the following 14 weeks after the birth. Fathers/co-mothers do not have statutory rights to paid leave, but any salary rights depend on individual agreements. However, better conditions may be specified in your contract, employee handbook, or collective agreement if you are covered by one.
Salary from your employer during leave is contingent on whether your employer can receive reimbursement for your parental leave benefits, and possibly also from the parental leave fund. All private employers are required to contribute to a parental leave fund, which allows them to claim reimbursement for the wage costs of an employee on leave. They cannot avoid paying into this fund, and it is collected along with the ATP (labor market pension contribution) they are required to pay for all employees. The size of the reimbursement depends on the number of hours you are employed. For example, they cannot receive reimbursement for 37 hours per week if you are only employed for 20 hours per week. The reimbursement includes your parental leave benefits, so unfortunately, it is not additional income.
If your contract, employee handbook, or collective agreement does not specify salary terms during parental leave, you can always negotiate this individually with your employer. However, it must be agreed with your employer beforehand for you to be entitled to it. Otherwise, you are only entitled to receive parental leave benefits during the leave period, or if you are a woman, half pay for the total of 18 weeks.
Eligibility for Parental Leave Benefits:
Your entitlement to parental leave benefits depends on meeting the employment requirement. You meet this requirement if:
- You were employed on the first day of your leave or the day before,
- You have worked at least 160 hours within the last four full months before the leave, and
- You have worked at least 40 hours per month in at least three of the four months.
Employer-Paid Salary and Transition to Parental Leave Benefits:
If your employer pays full or partial salary during your leave, they must apply for reimbursement themselves. You will only need to apply for parental leave benefits on www.borger.dk when you no longer receive salary from your employer. Once your employer stops paying your salary, you will receive parental leave benefits from UdbetalingDanmark. Your employer must report to UdbetalingDanmark no later than eight weeks after your salary stops, or at the latest on your last paid day.
You should monitor for a letter from UdbetalingDanmark notifying you that you can apply for parental leave benefits. You must apply for these benefits no later than eight weeks after your salary has stopped. If you apply later, you will only be entitled to benefits from the day you apply, not from the day your salary stopped. You can only apply for benefits after your employer has reported the salary stop. Therefore, make sure to follow up with your employer or contact PROSA if you do not receive the letter.
Single Parents (Soloforældre)
The new parental leave rules improve leave options for single parents, referred to as "soloforældre" in the law. A solo parent is defined as a parent who is the only legal parent at the time of the child's birth, or if one parent dies while the child is very young, before leave with parental benefits has been used. This also applies to single adoptive parents, parents using assisted reproduction with an unknown donor, or if the child’s mother is a foreign surrogate who is not legally recognized as the mother under her home country’s laws.
As a solo parent, you are granted an additional 22 weeks of parental leave benefits, giving you a total of 46 weeks with benefits. Under the new rules, solo parents are treated equally in terms of the length of leave, regardless of gender. Whether you are a solo mother or solo father, you have the right to 46 weeks of leave with parental benefits after the birth.
Specific Changes for Children Born After January 1, 2024:
If you become a solo parent to a child born from January 1, 2024, and meet the employment requirement, you can transfer part of your parental leave to a close family member. Close family members include adult siblings or parents of the solo parent. If you transfer part of your parental leave to a family member, the leave must be used before the child turns one year old. The family member must also meet the employment requirement. If your family member wishes to take the leave, they must notify their employer with at least eight weeks' notice.
Starting January 1, 2024, as a solo parent, you can also transfer non-earmarked leave to a close family member or a social parent.
Social Parents: The new law introduces the concept of social parents. A social parent is a person who is either the partner or spouse of the legal parent and is intended to have a parent-like relationship with the child. This can also include a known donor intended to have a parent-like relationship with the child, or the spouse/partner of the known donor, who is also intended to have a parent-like role in the child's life.
You can read more about parental leave and parental leave benefits at the following link:
Maternity and parental leave (borger.dk) and Maternity/paternity benefits (borger.dk)