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What is the significance of the new maternity leave rules? Get an overview here

Are you confused about how the new parental leave rules, which include earmarked leave for fathers and co-parents, work? Julie Carøe helps you get an overview here.

With the new parental leave rules, expectant parents must share the leave more equally. In the new parental leave scheme, both mother and father will each have 11 weeks of leave, while the remaining 26 weeks can be shared as desired. The 11 weeks are earmarked, which means they cannot be transferred to the other parent. If the father therefore chooses not to take his portion of the leave, the weeks will be lost.

October 3, 2024

Julie Carøe

Julie Carøe

This article has been written and professionally reviewed by Julie Carøe. Julie is a qualified midwife and, through her platform "Sammen med jer," has dedicated her professional life to creating a sense of security for expectant and new parents. With her deep professional insight into the body's changes during pregnancy, she helps to understand and alleviate the discomfort of Braxton Hicks contractions.

What is the significance of the new maternity leave act?

On August 1, 2022, a new maternity leave act came into force in Denmark. After 20 years of being able to distribute parental leave between parents as desired, time is now earmarked for the partner. We are now, via an EU directive, in the process of deciding how family life and work life can be better balanced.

Consequently, all children born after the aforementioned date have been given the opportunity to spend more time with each of their parents. Some choose to take it together, others separately.

However, the total number of weeks remains the same as under the old maternity leave act. Small studies have already been conducted which show that more men have taken more parental leave than before the law came into force – so it will be exciting to follow the development over the coming years.

<p>How is the new parental leave distributed under the new law?  </p>

How is the new parental leave distributed under the new law?  

Basically, the new law means the following for the division between the parents:

If the parents live together when the child is born, they each have 24 weeks as a starting point.

They can choose to divide these between them as they wish. However, 11 weeks are earmarked for the partner. That is, 2 weeks after birth and 9 weeks thereafter. These weeks CANNOT be transferred to the mother, and if they are not taken, they are forfeited by the family. It can be a bit of a puzzle to make it all work.

Borger.dk has created this explanation to provide a better overview.

When do you need to notify about maternity leave?

As a general rule, all pregnant employees must notify their employer of their maternity leave no later than 3 months before the expected due date. This applies regardless of whether you are taking leave 4, 6, or 8 weeks before the due date.

No later than 6 weeks after giving birth, you must notify your employer when you expect to return from leave. You must also report whether you will be returning on a full-time or part-time basis. However, everyone has the option to extend their leave by a minimum of 5 weeks after maternity leave ends, provided they resume full-time work afterward. There may be individual rules in your specific contract, so please speak with your employer.

Today, there is a significant difference in the parental leave benefits offered by companies. This has actually become a competitive parameter in attracting new employees. So, perhaps your workplace has also introduced new maternity leave policies? Look into this – and be aware that if you need to apply for maternity benefits during your leave, this must be done no later than 8 weeks after your first day of absence or your last salary payment.

There is a lot to keep in mind, however. There are many deadlines, and since these vary depending on your contract and collective agreement, you should always contact your HR department, union representative, or manager for more information about your specific terms.

<p>Maternity/paternity leave for the self-employed?</p>

Maternity/paternity leave for the self-employed?

If you are self-employed or unemployed, different rules apply. So, please contact Udbetaling Danmark for further help and guidance. 

Even though it can be hard to remember everything when you are simultaneously dealing with sleep deprivation, hormones, a new life as a parent, and all other good things, REMEMBER to check your e-Boks and reply before the various deadlines, as exceeding them can ultimately result in you missing out on money and time with your child. Phew - who said it was supposed to be easy…

Visit the website www.sammenmedjer.dk

Here is a video that explains the new parental leave rules

Get a quick and easy overview of the new maternity leave rules with this explanatory video about the new parental leave rules.

More information can be found here: www.borger.dk/barsel