New rules for parental leave from 2 August 2022

New rules from August 2022

The new rules for parental leave apply to parents of children born on or after 2 August 2022. It is the date on which your baby is born, and not the estimated date of delivery, that determines which rules apply to you. For example, if the estimated date of delivery is 30 July 2022 but you give birth on 6 August 2022, you will be covered by the new rules for parental leave.

Right to parental leave

Changes to the Danish Maternity/Paternity Leave Act mean that the mother is now entitled to 10 instead of 14 weeks of leave. The father/non-birth mother is still entitled to 2 weeks of leave in connection with childbirth, and both parents are also still entitled to 32 weeks of parental leave. There are no changes to the rules on pregnancy leave.

Right to parental leave benefits

From 2 August 2022 the 48 weeks of parental leave benefits will be divided equally between both parents, provided both parents live at the same address when the baby is born. Therefore, as a general rule, each parent has 24 weeks of leave with parental leave benefits after the baby is born (the 24-24 model). If both parents are salaried employees, 11 of these weeks with parental leave benefits are earmarked, and these weeks cannot be transferred between the parents. The remaining 13 weeks can be transferred from one parent to the other.

Right to paid parental leave

  • The mother is entitled to 6 weeks of paid pregnancy leave before the estimated date of delivery.
  • The mother is entitled to paid parental leave for the 10 weeks immediately following the birth (maternity leave).
  • The father/non-birth mother is still entitled to paid parental leave for the 2 weeks in connection with childbirth (paternity leave).
  • Parents are entitled to paid parental leave for 23 weeks, which are divided up as follows:
  • 10 weeks are earmarked for the mother
  • 7 weeks are earmarked for the father/non-birth mother
  • 6 weeks can be divided between the parents

Below is an overview of absence, unemployment benefit and salary regarding maternity leave at Aarhus University (In Danish). This overview can be found in pdf format here.

Mother

As a mother, you are entitled to 6 weeks of pregnancy leave before the estimated date of delivery and 24 weeks of leave after your baby is born.  

After your baby is born, your 24 weeks of leave are divided up in the following way:

  • 2 weeks of compulsory maternity leave earmarked for the mother in connection with childbirth (paid leave).
  • 8 weeks of maternity leave (weeks 3 – 10) (paid leave).
    • All or some of the 8 weeks of maternity leave from weeks 3–10 can be transferred to the father/non-birth mother. You can transfer this leave in two ways: either the father/non-birth mother can take leave in weeks 3–10 or he/she can choose to defer the leave.
    • You can return to work full time in the weeks you transfer, but this means that the father/non-birth mother must take leave in weeks 3–10.
    • You can go directly to your 14 weeks of parental leave immediately after your two weeks of compulsory maternity leave. This means that you are still on leave, which gives the father/non-birth mother the right to defer any of the 8 weeks you transfer to him/her and to take them before the child is 1 year old. By mutual agreement between the father/non-birth mother and his/her employer, the father/non-birth mother can extend this period by going back to work part time or can defer this leave and take it before the child is 9 years old (i.e. and resume work full time).
    • If you choose to transfer all or some of the 8 weeks to the father/non-birth mother, you both need to notify your employers of this 4 weeks before the estimated date of delivery.
  • 14 weeks of parental leave – 10 weeks are earmarked for you with salary
    • 9 of the 14 weeks of parental leave are earmarked for you and must be taken before the child is 1 year old. If you do not take these earmarked weeks of leave, you will lose your right to parental leave benefits and thus also your right to paid leave. It is not possible to transfer these earmarked weeks with parental leave benefits.
    • You can choose to transfer your remaining 5 weeks of leave to the father/non-birth mother, who must take this leave before the child is 9 years old.
    • You can also defer your remaining 5 weeks of leave and take them yourself before the child is 9 years old.
    • 6 weeks with salary to share with a government employeed father/non-birth mother.

As a mother, you are entitled to up to 26 weeks of paid leave if you also take the 6 weeks of paid leave that can be divided between the parents. As a general rule, the weeks of parental leave benefits are divided equally between the parents, whereby both parents have a right to 24 weeks of parental leave benefits. This may lead to cases where AU cannot obtain a salary reimbursement in weeks 25 and 26, which is usually a prerequisite for you receiving a salary while on leave. This situation can be resolved by the father/non-birth mother transferring the required number of weeks with parental leave benefits (up to 2 weeks) to the mother, which means that the mother will be entitled to a fully salary for the entire period. If these weeks with parental leave benefits are not transferred, the mother will receive a reduced salary equal to the difference between the parental leave allowance and the mother’s usual salary.


Salary during leave:

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.

Employment requirement

  • You must be employed either on the day before absence from work commences or on the first day of the absence period.
  • You must have registered at least 160 hours in the income register within the last four months.
  • You must have worked at least 40 hours per month in at least three of the last four calendar months.
  • You need to spend time with your child on a daily basis.

The calculation of the employment requirement is digitised, and Udbetaling Danmark – the Public Benefits Administration is 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).

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.


Flexible options for planning your maternity/paternity/co-parent and 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 your leave. If you partially resume work, your supervisor's approval of the agreement must be forwarded together with the maternity form to HR or to the PhD administration (if you are a PhD student).


Extension of parental leave

You may choose to extend your parental leave from 32 weeks to 40 or 46 weeks. However, with the new parental leave rules, it is no longer possible to receive reduced parental leave benefits, which means that, for the final part of your leave, you will not receive an income. If you choose to extend your leave, the entire period of leave must be taken consecutively. 

Deferral of parental leave

Deferred leave in accordance with law (up to 5 weeks)

You have the legal right to defer up to 5 weeks of parental leave with parental leave benefits. The other parent also has the legal right to defer 5 weeks of parental leave. This deferred leave must be taken after the child is 1 year old and before the child is 9 years old, at which point your deferred leave lapses. 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 supervisor, 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. For agreement-based deferred leave your superviser's approval of the agreement must be forwarded together with the maternity form to HR or to the PhD administration (if you are a PhD student).

If you choose to postpone your parental leave, you must notify your immediate supervisor of this 16 weeks before the leave begins.

Deadlines for notifying AU: mother

You must notify AU of when you expect to start your pregnancy leave no later than 3 months before your estimated date of delivery.

If you wish to transfer part of your leave in weeks 3-10 to the father/non-birth mother, you must notify HR or your graduate school no later than 4 weeks before your estimated date of delivery. At the same time, you must state whether you wish to begin your parental leave or whether you would like to resume work. No later than 6 weeks after the child’s birth, you must notify AU of how you wish to use your remaining leave options.

No later than 8 weeks after the child’s birth, you must state whether you wish to defer up to 5 weeks of parental leave – by completing and submitting Form 2.

You must inform HR or your graduate school of when you wish to take your deferred leave no later than 8 weeks before this leave begins – by completing and submitting Form 3.

Father/non-birth mother

After your baby is born, your 24 weeks of leave as a father/non-birth mother are divided up in the following way:

  • 2 weeks of leave earmarked for the father/non-birth mother immediately after the baby is born or brought home from hospital (paid leave).
    • By mutual agreement with your employer, you can also choose to defer this leave and take it before your baby is 10 weeks old. As a general rule, you must take this leave in one single block, unless you have arranged otherwise with your employer.
  • 22 weeks of parental leave – 7 weeks are earmarked you wit salary
    • 9 of the 22 weeks of parental leave are earmarked for you and must be taken before your child is 1 year old. If you do not take these earmarked weeks of leave, you will lose your right to parental leave benefits and thus also your right to paid leave. It is not possible to transfer these earmarked weeks with parental leave benefits.
    • The remaining 13 weeks can be transferred to the mother, who must take them before the child is 9 years old.
    • You can also defer your remaining 13 weeks of leave and take them yourself before the child turns 9.
    • 6 weeks with salary to share with a government employeed mother.

Salary during leave:

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:

  • more than one employer
  • 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.


Employment requirement

  • You must be employed either on the day before absence from work commences or on the first day of the absence period.
  • You must have registered at least 160 hours in the income register within the last four months.
  • You must have worked at least 40 hours per month in at least three of the last four calendar months.
  • You need to spend time with your child on a daily basis.

The calculation of the employment requirement is digitised, and Udbetaling Danmark – the Public Benefits Administration is 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).

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.


Flexible options for planning your maternity/paternity/co-parent and 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 your leave. If you partially resume work, your supervisor's approval of the agreement must be forwarded together with the parental leave form to HR or to the PhD administration (if you are a PhD student).

Extension of parental leave

You may choose to extend your parental leave from 32 weeks to 40 or 46 weeks. However, with the new parental leave rules, it is no longer possible to receive reduced parental leave benefits, which means that, for the final part of your leave, you will not receive an income. If you choose to extend your leave, the entire period of leave must be taken consecutively. 

Deferral of parental leave

Deferred leave in accordance with law (up to 5 weeks)

You have the legal right to defer up to 5 weeks of parental leave with parental leave benefits. The other parent also has the legal right to defer 5 weeks of parental leave. This deferred leave must be taken after the child is 1 year old and before the child is 9 years old, at which point your deferred leave lapses. 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 supervisor, 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. For agreement-based deferred leave your superviser's approval of the agreement must be forwarded together with the parental leave form to HR or to the PhD administration (if you are a PhD student).

If you choose to postpone your parental leave, you must notify your immediate supervisor of this 16 weeks before the leave begins.

Deadlines for notifying AU: father/non-birth mother

You must state when you expect to take your paternity/co-parent leave no later than 4 weeks before this leave begins, and you must also state when you plan to take any leave transferred to you by the mother to be taken in weeks 3-10.

Please notify HR or your graduate school of this as soon as your baby is born.

No later than 6 weeks after the child’s birth, you must notify AU of how you wish to use your remaining leave options.

If you wish to defer 5 weeks of your parental leave, you must notify your employer no later than 8 weeks after your child is born. You must inform HR or your graduate school of when you wish to take your deferred leave no later than 8 weeks before this leave begins – by completing and submitting Form 3.

Adoption

From now on, the 48 weeks of parental leave benefit after your child’s date of placement (the date on which your child is placed with you) will be divided equally between both parents in accordance with the 24-24 model. The new rules for parental leave mean that you and your partner each receive 24 weeks of leave after the date of placement.


Salary during leave:

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:

  • more than one employer
  • 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.


Employment requirement

  • You must be employed either on the day before absence from work commences or on the first day of the absence period.
  • You must have registered at least 160 hours in the income register within the last four months.
  • You must have worked at least 40 hours per month in at least three of the last four calendar months.
  • You need to spend time with your child on a daily basis.

The calculation of the employment requirement is digitised, and Udbetaling Danmark – the Public Benefits Administration is 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).

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.

The period after the date of placement (weeks 1-10)

After the date of placement, each parent is entitled to 6 weeks of leave with parental leave benefits, which, as a general rule, must be taken within the first 10 weeks after you receive your child.

You are only allowed to take 2 of these weeks at the same time as the other parent. 2 of your 6 weeks cannot be transferred to the other parent. 4 of your 6 weeks can be transferred to the other parent.

The remaining 4 weeks, which must be held within the first 10 weeks after the date of placement, may not be taken at the same time as the other parent, but these weeks can be transferred to the other parent.

If you would like to take leave at the same time

If you would like to take more than 2 weeks of parental leave at the same time within the first 10 weeks, you have two options:

Option 1:

After his/her 2 weeks of leave, the first parent starts using his/her 18 weeks of leave. At the same time, the second parent takes his/her 6 weeks of leave that follow the date of placement. After 6 weeks, the first parent takes his/her last 4 weeks of leave within the 10-week period. After 6 weeks, the second parent starts using his/her 18 weeks of leave. This means that both parents have taken leave at the same time during the first 10 weeks after receiving their child.

Option 2: 

Both parents take leave at the same time for the first 2 weeks after the date of placement. After these 2 weeks, the first parent transfers 4 weeks of leave to the second parent. This means that the second parent takes his/her own 6 weeks of leave and the 4 weeks of leave transferred from the first parent within the first 10 weeks. After 2 weeks, the first parent starts to take his/her 18 weeks of leave. This means that both parents have taken leave at the same time during the first 10 weeks after receiving their child.

Paid leave in the period after the date of placement

As adoptive parents, you have a combined right to pay for up to ten weeks after your child is placed with you. Since parental leave benefit is divided equally between both parents in this period, both parents are entitled to 6 weeks of parental leave benefits. This may result in cases where the university cannot receive a salary reimbursement for 4 of the 10 weeks of paid leave – if, for example, the first parent decides to take all 10 weeks. This situation can be resolved by the second parent transferring the required number of weeks with parental leave benefits (up to 4 weeks) to the first parent, which means that the first parent will be entitled to a fully salary for the entire period. If these weeks with parental leave benefits are not transferred, the first parent will receive a reduced salary equal to the difference between the parental leave allowance and his/her usual salary.

Parental leave (from week 11)

In the period of parental leave, you are both entitled to 32 weeks of leave, 18 of which are with parental leave benefits. 11 of these weeks with parental leave benefits are earmarked and cannot be transferred between parents. The remaining 13 weeks with parental leave benefits can be transferred between parents. If the other parent is not a salaried employee, up to 18 weeks can be transferred to you. You also have the option of receiving up to 13 weeks of parental leave benefit from the other parent. It is your own responsibility to apply for this through Udbetaling Danmark (public benefits administration).

Paid parental leave 

With the new rules, a 6+7+10 model has been introduced. With this model, 6 weeks of paid leave are earmarked for one parent, 7 weeks of paid leave are earmarked for the other parent, and 10 weeks of paid leave can be shared between parents.

You must state how you would like to divide your paid parental leave (by completing and submitting Form 2) no later than 6 weeks after your child’s date of placement.

If you do not live at the same address

The amended Danish Maternity/Paternity Leave Act contains a new rule that, if the parents do not live at the same address when their baby is born/placed with them, the parent who shares the same officially registered address as the child will receive 13 weeks with parental leave benefits on top of their own 24 weeks with parental leave benefits. As a general rule, these 13 weeks of leave must be taken before the child is 1 year old.


Flexible options for planning your maternity/paternity/co-parent and 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 your leave. If you partially resume work, your supervisor's approval of the agreement must be forwarded together with the parental leave form to HR or to the PhD administration (if you are a PhD student).

Extension of parental leave

You may choose to extend your parental leave from 32 weeks to 40 or 46 weeks. However, with the new parental leave rules, it is no longer possible to receive reduced parental leave benefits, which means that, for the final part of your leave, you will not receive an income. If you choose to extend your leave, the entire period of leave must be taken consecutively. 

Deferral of parental leave

Deferred leave in accordance with law (up to 5 weeks)

You have the legal right to defer up to 5 weeks of parental leave with parental leave benefits. The other parent also has the legal right to defer 5 weeks of parental leave. This deferred leave must be taken after the child is 1 year old and before the child is 9 years old, at which point your deferred leave lapses. 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 supervisor, 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. For agreement-based deferred leave your superviser's approval of the agreement must be forwarded together with the parental leave form to HR or to the PhD administration (if you are a PhD student).

If you choose to postpone your parental leave, you must notify your immediate supervisor of this 16 weeks before the leave begins.

Parents who do not live at the same address when their baby is born

The amended Danish Maternity/Paternity Leave Act contains a new rule that, if the parents do not live at the same address when their baby is born, the parent who shares the same officially registered address as the child will receive 13 weeks with parental leave benefits on top of their own 24 weeks with parental leave benefits. As a general rule, these 13 weeks of leave must be taken before the child is 1 year old.

The parent who does not share the same officially registered address as the child is only entitled to take 9 weeks of parental leave with parental leave benefits, which are earmarked. Because mothers and fathers/non-birth mothers employed in the state sector are entitled to up to 16 and 13 weeks (respectively) of parental leave, this can lead to situations in which the mother or father/non-birth mother cannot receive a salary during the last 7 or 4 weeks (respectively) of their parental leave, since they do not have a right to parental leave benefits during this period and thus AU cannot obtain a salary reimbursement. In this case, the employee in question will receive a reduced salary equal to the difference between the parental leave allowance and the employee’s usual salary.

Which rules apply if I am a single parent?

If you are a single parent, you are entitled to the same leave as stipulated in the current rules – 46 weeks of leave with parental leave benefits after the baby’s birth.  As a new rule, single mothers and single fathers now get the same amount of parental leave and can take up to 46 weeks of leave with parental leave benefits.

In addition, from 1 January 2024, single parents can choose to transfer some of their non-earmarked leave to a close family member, which can either be a parent or a sibling of the single parent. If one of the parents has died, it is possible to transfer these weeks of leave to a parent or sibling of the deceased. The close family member must take this leave before the child is 1 year old.

Which rules apply if you or the other parent are self-employed?

Regardless of whether parents are salaried employees, self-employed or unemployed, as a general rule, you are each entitled to 24 weeks of leave with parental leave benefits after their baby is born.

However, the rules concerning nine weeks of earmarked leave with parental leave benefits only apply to salaried employees. If you are not a salaried employee, you can choose to transfer up to 22 weeks of leave (24 minus 2 weeks) with parental leave benefits to the other parent.

If you have worked as a salaried employee alongside your studies or your self-employed occupation to a given extent, you will be regarded as a salaried employee and will thus be subject to the rules concerning earmarked leave.

See here for more examples of when you will be regarded as a salaried employee.

Cross Boarder Workers

Cases in which the other parent is not eligible for benefits in Denmark

As a general rule, you are eligible for benefits in the country in which you work. But in the event that only one parent is eligible for benefits in Denmark, and on condition that the parents are living together at the time of the birth, the parent who is eligible for benefits in Denmark can apply for up to thirteen extra weeks of leave with parental leave benefits in addition to the 24 weeks to which he or she is entitled.

You are entitled to extra parental leave if you can document that, in the period in which you wish to take the up to thirteen extra weeks of leave, the other parent will not be on leave with benefits (for example parental leave benefits) from the state under the laws of another country.

If the other parent receives benefits from the state under the laws of another country corresponding to parental leave benefits for less than thirteen weeks during this period, these weeks will be deducted from the thirteen extra weeks to which you are entitled. 

Example: the parents live together

Thomas and Maria live together in Sweden. Thomas works in Sweden, and Maria works in Denmark. Because Thomas works in Sweden, he is eligible for benefits in Sweden. Because Maria works in Denmark, she is eligible for benefits in Denmark. 

Because Thomas and Maria live together, Maria is entitled to thirteen extra weeks of leave in addition to her 24 weeks if Thomas does not receive  benefits corresponding to parental leave benefits from Sweden during the period in which Maria takes the extra thirteen weeks. If Thomas receives less than thirteen weeks of benefits during this period - for example five weeks of parental leave benefits – then Maria is entitled to eight weeks of extra leave with parental leave benefits from Denmark.

Example: the parents do not live together

Eric and Karen aren’t living together at the time of the birth. Eric lives and works in Sweden, and Karen lives and works in Denmark. Since the time of the birth, the child’s officially registered address has been with Karen.

Because Eric works in Sweden, he is eligible for benefits in Sweden. Because Karen works in Denmark, she is eligible for benefits in Denmark. Because Eric and Karen are not living together at the time of the birth, Karen is eligible for an extra thirteen weeks of leave with parental leave benefits in addition to her own 24 weeks of leave with benefits.

If your child is hospitalised

If your child is hospitalised within 46 weeks of being born / placed with you, you can either:

  • extend your leave (if you do not resume work while your child is in hospital) or
  • defer your leave (if you resume or continue working while your child is in hospital). 

You must document your child’s hospitalisation with a hospital medical record or a doctor’s certificate. Receiving treatment as an outpatient or receiving treatment at home does not count as being hospitalised.

If you do not resume work while your child is hospitalised

If your child is hospitalised while you are on paid leave and you do not resume work while your child is in hospital and, as a result, you extend your period of leave with parental leave benefits, your right to paid leave is extended accordingly.

Parents can only extend their combined leave by the amount of time the child is hospitalised – up to a maximum of three months. It is not a requirement that you are already on leave at the time your child is hospitalised.

The right to extend leave does not apply to the father’s/non-birth mother’s right to leave in the two weeks following the child’s birth or adoptive parents’ right to concurrent leave (cf. section 14(2) of The Act on Entitlement to Leave and Benefits in the Event of Childbirth).

If you resume or continue working while your child is hospitalised

If your child is hospitalised while you are on paid leave and you resume or continue working while your child is in hospital and, as a result, you defer your period of leave with parental leave benefits, your right to paid leave is deferred accordingly.

If you are required to stay in hospital with your child who is under 14 years old

Under the agreement on leave for family reasons, an employee is entitled to up to five days of paid leave per child within a period of 12 consecutive months if the employee is required to stay in hospital with a child who is under 14 years old and who lives at home. This right is unrelated to the parental leave rules described above. The same applies if the child stays at home during the period of hospitalisation or receives outpatient treatment in place of hospitalisation that requires the employee to be present.

If both parents are covered by the agreement, the total leave period with pay may not exceed five days for the two parents combined.