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Adoption

Salary during leave

Employment requirement

As of 1 July 2018, the employee must be employed either on the day before absence from work commences or on the first day of the absence period. In addition, the employee must have registered at least 160 hours in the income register within the last four months – and the employee must have worked at least 40 hours per month in at least three of the last four calendar months.

The calculation of the employment requirement has been digitised, and Udbetaling Danmark – the Public Benefits Administration will be able to monitor the right to parental benefits through the income register.

The employment requirement can be met by other means – see section 27 of the Act on Entitlement to Leave and Benefits in the Event of Childbirth (Barselsloven).

The right to paid leave

The right to salary during leave is conditional on the university receiving full benefit reimbursement under the Act on Entitlement to Leave and Benefits in the Event of Childbirth (barselsloven), corresponding to the maximum benefit amount in relation to your employment rate.

The condition regarding full benefit reimbursement does not apply in case of:

  1. absence from work in connection with pregnancy-related medical examinations
  2. ordinary pregnancy leave in the sixth and fifth week before the expected date of birth
  3. ordinary pregnancy leave from the fourth week before the expected date of birth and until the birth of the child, if you are not entitled to benefits (and thus any reimbursement will not be available to the university) only because you do not meet the employment requirement under the Act on Entitlement to Leave and Benefits in the Event of Childbirth (barselsloven).
  4. more than one employer
  5. lack of entitlement to benefits (and thus any reimbursement will not be available to the university) only because you have long-term stays outside Denmark.

More than one employer

If you receive salary from more than one employer during your maternity/paternity leave, the reimbursement will be split between these employers proportionate to the benefit amount that the individual terms of employment make you entitled to. The total disbursed benefit amount cannot exceed the maximum benefit amount, regardless of whether your total number of working hours amounts to more than full-time employment. You do not lose the right to salary, even though the university in this case will not receive full benefit reimbursement.

If your employment relationships combined exceed full-time employment, and if you start working for one of your other employers during your leave, this may lead to a reduction in the benefit reimbursement amount to the university, so this amount will be smaller than the proportionate share of the benefits related to your employment at the university. In this situation, your right to salary during leave will, however, not be affected.

However, you are not allowed to start working for a new employer during your leave if it results in a reduction of the reimbursement amount to the university or if it means that the university will no longer receive reimbursement. You are also not allowed to cause a reduction in or loss of the university’s right to benefit reimbursement under the Act on Entitlement to Leave and Benefits in the Event of Childbirth (barselsloven) in any other way. This will affect your right to salary during your maternity/paternity leave

Leave prior to the expected date of reception of the child

Receiving a child in Denmark

Both adoptive parents receiving a child in Denmark are entitled to salary for up to 1 week prior to reception if the child is not already living in the adoptive parents’ home, and if the adoptive parents are going to stay where the child is located for a time prior to reception out of consideration for the child. The day on which the child is brought home is included in the period prior to reception.

In special cases, the local authorities may assess whether there is a need for the adoptive parents to stay where the child is located for a longer period prior to reception. The leave can be extended by up to 1 additional week of paid leave in such cases.

The immediate superior must be notified of the date of leave prior to the expected reception of the child as soon as possible.

In this connection, you must complete adoption leave form 1.

Receiving a child abroad

Both adoptive parents receiving a child abroad are entitled to paid leave for up to 4 weeks prior to the reception. The 4 weeks may be extended by up to another 4 weeks if the reception of the child lasts longer than the expected 4 weeks, provided that the delay is not due to the adoptive parents’ circumstances.

The leave runs from the day on which the adoptive parents leave Denmark to collect the child and lasts up to and including the day on which the formal conditions for bringing the child home to Denmark have been met. Then the general adoption leave begins regardless of whether the parents go back to Denmark immediately after the reception or remain abroad for a time afterwards.

In this connection, you must submit adoption leave form 1.

Adoption leave - week 1-14 - after reception of the child (Denmark and abroad)

The adoption leave begins the day after the formal conditions for bringing the child home have been met. The employer must be provided with documentation of the date of reception of the child on request.

As an adoptive parent, you are entitled to paid leave for 14 weeks after reception of the child. The adoptive parents can share the 14 weeks of leave between them, but they can only take leave one at a time.

One of the adoptive parents may take two consecutive weeks of leave within the first 14 weeks following reception of the child. As of 1 January 2018, these two weeks of leave can be taken in non-consecutive periods, as long as the leave is taken within the first 14 weeks after the birth and has been agreed with the employer. Therefore, the adoptive parents can be on leave together during this period.

One of the adoptive parents is entitled to bring his/her parental leave (32 weeks) or part of it forward, so that it can be taken while the other adoptive parent is on leave during the first 14 weeks.

In this connection, you must submit adoption leave form 2.

Parental leave – from week 15 onwards

You are entitled to 32 weeks of parental leave. The other adoptive parent is also entitled to 32 weeks of parental leave. Together, however, you are only entitled to parental leave benefits for a total of 32 weeks, which you can share between yourselves as you choose. You can take leave together, consecutively or in turns.

Parental leave consists of a paid and an unpaid part. The paid leave must always be taken first.

When you start with the unpaid part of your parental leave, you will receive a letter from Udbetaling Danmark with instructions on how to receive parental leave benefits. Please remember that it is you, and not AU, who has to apply for benefits.

As a state employee, one of the adoptive parents is entitled to pay for 6 of the 32 weeks of parental leave. Child´s other adoptive parent, as a state employee, is entitled to 7 weeks of pay during the same period of time. If the adoptive parents are a man and a woman, the man is entitled to the 7 weeks of pay. This extension from 6 to 7 weeks with pay is valid for children received 1 April 2015 or later.
Together you are furthermore entitled to 6 weeks with full pay, which you can share between yourselves as you choose. If the child’s other parent is not covered by the parental leave agreement, you are entitled to the 6 additional weeks with pay, i.e. a total of 12 (13) weeks with full pay. This applies regardless of whether the other parent takes more than 6 weeks of paid parental leave in accordance with different rules.                

Please note that the weeks during which you are paid by the university will be deducted from your shared 32 weeks with daily benefits.

Flexible opportunities - parental leave

Partial resumption of work

Subject to agreement with your immediate supervisor, you may resume work fully or partially with or without an extension of the parental leave.

Read more in the parental leave guidelines.

 

Extension of parental leave

You may choose to extend your parental leave from 32 weeks to 40 or 46 weeks. The total payment for the 40 or 46 weeks will correspond to the full amount of daily benefits for 32 weeks. If you choose to extend your leave, the entire period of leave must be taken consecutively. 

The right to salary is conditional on the university being able to obtain a full daily benefit refund. Any extension of daily benefits will only take effect after you have taken the paid periods of leave. 

 

Deferral of parental leave

Deferred leave in accordance with law

You are entitled to defer between 8 and 13 of the 32 weeks for later use (before your child turns 9). Only one of you may exercise the right to defer leave in accordance with law. If you change employer, you retain the right to take the deferred leave in accordance with law.

Deferred leave in accordance with agreement

Subject to agreement with your immediate superior, you may also choose to defer a number of weeks for later use (until your child turns 9). Both parents can enter into an agreement on deferred leave. Deferred leave in accordance with agreement can only be taken at Aarhus University.  

Notice must be given of deferred parental leave no later than 16 weeks prior to taking the leave. In this connection, you must submit documentation of the deferred leave. 

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