On 2 August 2022, the new leave model from the EU Leave Directive came into force. The new model affects the framework for your employees' parental leave. Below is an insight into what the rules mean in practice.
Both parents can take parental leave
Although there is still the same number of weeks available during parental leave, with the new leave model, the weeks are now distributed differently and more equally between the mother and father/co-mother. At the same time, part of the parental leave is earmarked for both parents.
Here's an overview of the then and new parental leave rules.
The rules at the time
The rules of the Parental Leave Act at the time gave parents a total of 52 weeks of parental leave, distributed as follows:
- 4 weeks of pregnancy leave for the mother before the due date
- 14 weeks maternity leave for mum with the right/obligation to take 2 weeks in connection with the birth
- 2 weeks earmarked leave for the father/co-mother in connection with the birth
- 32 weeks shared parental leave for mum and/or dad
Under the rules at the time, only the first 2 weeks after birth are earmarked for both parents.
The new rules
The new rules maintain 52 weeks of maternity leave in total. These are distributed as follows:
- 4 weeks of pregnancy leave for the mother before the due date (4 weeks)
- 2 weeks earmarked leave for each parent for the birth (4 weeks)
- 13 weeks of transferable leave for each parent (26 weeks)
- 9 weeks of leave for each parent earmarked as an employee (18 weeks)
What does earmarked parental leave mean?
Earmarked parental leave means that parents cannot save their parental leave weeks or transfer them to the other parent. If they are not taken, they will therefore be cancelled. The 9 weeks of earmarked parental leave must also be taken before the child's first birthday, otherwise they will also be cancelled.
Employee or not. There are two possible maternity models
There are basically two models you can fall into.
1) Like salaried employee you can freely transfer the 13 weeks that are not earmarked to the other parent. However, the earmarked weeks (2 + 9 weeks) cannot be transferred.
2) If, on the other hand, you are self-employed, student and single you do not fall under this model and can therefore transfer a total of 22 weeks (9+13) to the other parent. The first 4 weeks, 2 weeks for each parent, will remain earmarked.
Even though the new rules change the distribution of weeks during parental leave, you will still be entitled to 24 weeks of leave with parental benefit after giving birth. However, this entitlement requires that you fulfil the general requirements of the Parental Leave Act.
Keep track of your maternity leave
Our easy-to-use time tracking system, Intempus, makes it easier than ever to keep track of your employees' maternity leave. Employees simply register their maternity leave days in the Intempus App, and then you as the administrator can keep a full overview of their leave period.
Interested in learning more about how Intempus can make the workday easier for your organisation? Then contact us at +45 26390400. You are also welcome to book a free and non-binding demo:
Source: bm.dk
