New parental leave rules on the way:
In June 2019, the EU adopted a new directive (the Leave Directive) that addresses work-life balance for parents and other caregivers. The Leave Directive must be implemented in all EU Member States, including Denmark, by 2 August 2022. A broad political majority in the Danish Parliament agreed on a new parental leave agreement back in October 2021.
The Leave Directive has been implemented by the Act amending the Maternity Leave Act and contains a number of changes to the current Maternity Leave Act, which will be briefly described in the following.
First of all, it should be noted that the new rules apply to all children born on or after August 2, 2022, with the exception of the new rules for single parents and LGBT+ families.
What does the new 24:24 model mean for employees?
Under the current Parental Leave Act, the mother and father/co-mother are entitled to a total of 48 weeks of parental leave with parental benefit. Of this, the mother is entitled to 14 weeks of earmarked parental leave (including 2 weeks of compulsory leave) with parental benefit, while the father/co-mother is entitled to 2 weeks of earmarked paternity/co-maternity leave in connection with the birth. Parents currently have the option to divide the remaining 32 weeks of parental leave with parental benefit freely between them.
Under the new rules in the Parental Leave Act, the mother and father/co-mother are still entitled to a total of 48 weeks of parental leave with parental benefit. The new rules mean that each parent is entitled to 24 weeks of parental leave with parental benefit after the birth of the child, which for the mother is divided into 2 weeks of compulsory leave (earmarked), 8 weeks of "maternity leave" (can be transferred to the other parent) and 14 weeks of "parental leave" (5 weeks can be transferred to the other parent). For the father/co-mother, the breakdown is 2 weeks of leave (earmarked) and 22 weeks of "parental leave" (13 weeks can be transferred to the other parent). Of the 24 weeks of leave that each parent is entitled to, 11 weeks are earmarked and thus
cannot be transferred to the other parent.
The earmarked leave is divided into 2 weeks of (compulsory) leave after birth and 9 weeks of leave. The earmarked leave weeks must be taken before the child turns one year old. If one parent does not wish or is unable to take the earmarked weeks of leave, they will lapse. Each parent is therefore not obliged to take leave if they do not wish to do so.
In the latest edition of Facityou can also read what the rules mean for you as a self-employed, single parent or LGBT+ family.