18. Apr 2017

New employment requirement in the Danish Act on Entitlement to Leave and Benefits on Childbirth and ‎flexible leave for fathers and co-mothers

An amendment has been passed to amend and digitalise the employment requirement of the Danish ‎Act on Entitlement to Leave and Benefits on Childbirth, and increase flexibility in leave arrangements ‎for fathers and co-mothers.‎

In order to be eligible for benefits on childbirth under the current rules, employees must be employed ‎for an unbroken period of the 13 weeks preceding the beginning of the leave period, and during this ‎period they must have worked a total of at least 120 hours. Today, this employment requirement is ‎calculated based on the data reported by the employee or the employer.‎

Effective from 1 July 2018, the employee must still be employed either the day before or on the first day ‎of the leave period. In addition, the employee must have reported at least 160 hours to the income ‎register over the past four calendar months – and for at least three of those months the employee must ‎have worked at least 40 hours per month. The new requirement is intended to ensure that the ‎employee's employment is current and of a certain duration and extent.‎

The calculation of the employment requirement will become digitalised with effect from 1 January 2018, ‎and Payment Denmark (Udbetaling Danmark) will be able to verify benefits claims against the income ‎register.‎

Flexibility for fathers and co-mothers
Today, fathers and co-mothers are entitled to two weeks of leave after childbirth or – if so agreed with ‎the employer – within the first 14 weeks after childbirth, and there is currently a requirement for the ‎two weeks to be taken consecutively.‎

Effective from 1 July 2018, fathers and co-mothers will be allowed to split their leave into non-‎consecutive periods so long as the leave is taken within the first 14 weeks after childbirth and subject to ‎agreement with the employer.‎

Norrbom Vinding notes

  • that the new employment requirement may result in a de facto relaxation of the rules because ‎employees will now be allowed to have minor interruptions in their period of employment within the ‎past four months and still meet the employment requirement; and
  • that the option of greater flexibility in leave arrangements for fathers and co-mothers will make it ‎easier to combine leave and work.

The above article is intended for general information only and does not constitute legal advice.


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