Right to leave in connection with adoption
An adoption leave is normally divided into 3 stages:
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.
There are other possibilities within you can obtain full daily benefit refund - look in § 27 in the circular.
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.
You must notify your immediate superior of the date of leave prior to the expected reception of the child as soon as possible.
You must submit adoption leave form 1.
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.
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.
Efter den nuværende regel kan en af de adopterende forældre holde to ugers sammenhængende orlov inden for de første 14 uger efter modtagelsen af barnet.
Med virkning fra den 1. januar 2018 vil en af de adopterende forældre kunne afholde deres orlov i ikke-sammenhængende perioder, så længe orloven afholdes inden for de første 14 uger efter fødslen, og det aftales med arbejdsgiveren. I denne periode kan adoptanterne således holde orlov samtidig.
Yes, 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.
You must submit adoption leave form 2.
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 may 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.
As a state employee, one of the adoptive parents is entitled to pay for 6 of the 32 weeks of parental leave. If the child´s other adoptive parent is also covered by the Danish State´s Agreement on Maternity, Paternity, Adoption and Parental Leave (the parental leave agreement), he or she 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.
Together you are furthermore entitled to paid leave for 6 weeks, which you may 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.
Yes, you may resume work fully or partially with or without an extension of the parental leave, subject to agreement with your immediate supervisor.
Read more in the parental leave guidelines.
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.
Yes, you can defer the entire parental leave or part of it. See the section on Deferred leave in accordance with law and Deferred leave in accordance with agreement.
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.
Subject to agreement with your immediate superior, you may choose to defer a number of weeks for later use (before 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.
You are allowed to work while on maternity/paternity leave on the condition that your maternity/paternity leave benefits are reduced corresponding to your working hours. If you are working during a period of paid leave, the university is not entitled to a daily benefit refund during the period you are working.
If you are employed in a position at or below assistant professor level (PhD fellow, assistant professor/researcher or postdoc), your employment contract may be extended by a period of time corresponding to the length of your leave of absence. If your employment contract expires while you are on maternity/paternity and parental leave, your employment contract will be extended by a period of time corresponding to the amount of leave taken before the expiration of your employment contract.
You have the right to remain in employment while on maternity/paternity and parental leave if your fixed-term employment contract expires during your maternity leave. This means that you have the right to paid leave during this period in accordance with the state-sector maternity/paternity leave agreement, and you have the right to holiday and pension in connection with unpaid leave, cf. Section 5 of the holiday act and Section 13 of the state-sector parental leave agreement.
The maternity/paternity leave benefits are calculated on the basis of your working hours and hourly pay. However, the maximum amount of daily benefits is DKK 4,180 (2016) per week before tax.
You must notify the university of the total number of weeks on maternity/paternity leave no later than 8 weeks after childbirth. Therefore, you are not entitled to extend the leave due to childcare difficulties. Subject to agreement with your immediate supervisor, you may take holiday in extension of your maternity/paternity leave.
No, maternity/paternity leave is a holiday obstacle. This means that staff members cannot take holiday during leave. Similar rules apply to special holidays. Therefore, taking holiday/special holidays requires you to resume work, subject to agreement with your immediate supervisor.
No, the main holiday must normally be taken as a consecutive period of 3 weeks. Therefore, it requires the resumption of full-time work.
Yes, provided that you work full days and take leave on full days in the course of a week. The remaining holiday is then to be taken on full working days.
Yes, special holidays can be taken as a fraction of a day. Therefore, you can take special holidays regardless of whether you work full days and take leave on full days in the course of a week, or whether you both work and take leave on the same days.
All staff members with children up to 7 years of age, who were employed within the framework of the parental leave agreement on or after 1 October 2005. In contrast to the former regulations, the right to childcare days according to the new regulations is not conditional on the child being born during state employment. Staff members who were employed by the Danish state on or after 1 October 2005 and have been employed within the framework of the parental leave agreement without interruptions ever since, and who had children on or after 1 October.
Yes, staff members in temporary positions have the same right to childcare days as tenured staff members regardless of the duration of employment.
A childcare day is considered commenced at the time you usually start work on the day in question. If the staff member becomes ill before the childcare day commences, it is not considered taken. However, if the staff member becomes ill after the childcare day commences, it is considered taken.
No, childcare days can be carried over only if both the former and the new employer are covered by the parental leave agreement.
Yes, you earn the usual pension rights during paid leave. You also earn pension rights during all unpaid periods of leave. It does not matter whether you receive maternity/paternity leave benefits during this period.
You earn holiday and special holidays during: pregnancy, maternity, paternity, parental and adoption leave as well as paid leave for registered partners. You also earn holiday and special holidays during unpaid leave if you earn pension rights.
Students employed under the collective agreement for administrative officers etc. are entitled to salary during illness and are therefore covered by the parental leave agreement. See if you meet the Employment requirement.
No account is taken of whether the first day of leave falls on a weekend or public holiday.
See who your contact person is at your department/unit (LINK)
You are entitled to maternity/paternity leave benefits abroad if you:
You must have a NemKonto in Denmark and give Udbetaling Danmark your address and possibly your telephone number for them to get in touch with you abroad.
In exceptional cases where you as a mother become ill and are unable to take care of your child, the father may assume your right to maternity leave benefits during the first 14 weeks after childbirth, provided that you are entitled to maternity leave benefits.
Who will contact the municipality regarding the unpaid parental leave?
HR will apply for a refund of the paid leave and notify the municipality via Udbetaling Danmark of when you will take the unpaid leave.
See www.borger.dk