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How does the new legislation of parental leave affect your employees?

From 2nd of August 2022 the new legislation of parental leave from EU’s parental leave directive steps into effect. This opens for a new framework for your employees when they have to go on parental leave. In the following you will find insight into how this will affect them in everyday life. 

Both parents can go on parental leave

Even though there will be the same amount of weeks available during parental leave, the weeks follow the new model so they will be distributed differently and more equal between the mother and the father/coparent. At the same time, a part of the parental leave will be earmarked for both parents. 

Here is the overview of the current news and the new rules for parental leave.

The old rules 

The old rules in the legislation of parental leaves gives the parents the right to a total amount of 52 weeks distributed accordingly: 

  • 4 weeks of pregnancy leave for the mother before the due date
  • 14 weeks of parental leave for the mother with the right/duty to conduct 2 weeks in connection with the birth
  • 2 weeks of earmarked parental leave for the father/coparent in connection with the birth
  • 32 weeks of shared parental leave for the mother and/or father

Under the old rules it is only the first 2 weeks after the birth that is earmarked for both parents. 

The new rules 

The new rules keep the total amount of 52 weeks of parental leave. These are distributed accordingly: 

  • 4 weeks of pregnancy for the mother before the due date (4 weeks)
  • 2 weeks earmarked parental leave to each parent in connection with the birth (4 weeks)
  • 13 weeks of parental leave for each parent, which is transferable (26 weeks)
  • 9 weeks of earmarked parental leave for each parent if they are a wage earner (18 weeks)

What does earmarked parental leave mean? 

Earmarked parental leave means that parents are not able to save the leave weeks or transfer the weeks to the other parent. If they are not conducted, they will therefore be annulled. The 9 weeks of earmarked parental leave must be conducted before the child’s first birthday, otherwise they will also be annulled. 

Wage earner or not. There are two possible models

Initially there are two models which one might be subject to. 

1) As a wage earner, you can freely transfer the 13 weeks that are not earmarked for the other parent. The weeks that are earmarked (2 + 9 weeks) cannot be transferred.

2) Are you self employed, a student or open to work, then you do not fall under the first model and you are able to transfer 22 weeks in total (9 + 13 weeks) to the other parent. The first 4 weeks – 2 weeks for each parent – are still earmarked.

Even though the new rules change the distribution of the weeks during the parental leave you will still have the right to 24 weeks of parental leave with parental benefits after the birth. This right requires that you fulfill the regular demands in the legislation for parental leave. 

Keep track of the maternity leave

Our user-friendly time registration system, Intempus, makes it easier than ever to keep track of your employees’ maternity leave. The employees simply register their maternity days in the Intempus App, and then you as an administrator can maintain a full overview of their leave period.

Are you interested in hearing more about how Intempus can make the working day easier for your company in particular? Then contact us on +45 26390400. You are also welcome to book a free and non-binding demo:

Source: bm.dk

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