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Adoption

Right to leave in connection with adoption

An adoption leave is normally divided into 3 stages:

1)      Leave prior to the expected date of reception of the child (Denmark or abroad)

2)      Adoption leave – 14 weeks – after formal reception of the child

3)      Parental leave – from week 15 for 32 weeks

 

NB!

The right to salary in accordance with the parental leave agreement is, as a rule conditional on the employer being able to obtain a full daily benefit refund.

As of 1 July 2018, the employee must be employed either on the day before absence or on the first day of absence. 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 four last calendar months.

As of 1 January 2018, the calculation of the employment requirement will be digitised, and Udbetaling Danmark – the Public Benefits Administration will be able to monitor the right to parental benefit through the income register. However, the employment requirement can be met in other ways – see section 27 of the Act on Entitlement to Leave and Benefits in the Event of Childbirth (Barselsloven).

 

Leave prior to the expected date of reception of the 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.

 

Leave prior to the expected date of reception of the 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.

 

Leave after reception of the child (Denmark and abroad) – week 1-14

Adoption leave:

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 for taking 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. 

In the event of any inconsistency between the Danish and English language versions of the document, the Danish version prevails.

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