Changing the maternity rules – how it affects you

A Change in the Maternity Rules Is on the Way

An EU directive that requires member states to earmark 9 weeks of leave for both parents has set the Confederation of Danish Trade Unions (FH) and the Danish Employers’ Confederation (DA) in motion to negotiate a new model for maternity leave rules in Denmark. The directive must be implemented by August 2022 and must be adopted politically. But what do these rules mean for you as an employer?

The Rules Today

Today, the rules under the Maternity Act are designed so that the mother can go on maternity leave 4 weeks before the expected birth. After this, the parents are entitled to 48 weeks of parental leave. 14 of these weeks are earmarked for the woman and 2 are earmarked for the father (paternity leave). The earmarked weeks mean that it is determined how many weeks each parent can take parental leave. These weeks cannot be transferred between the parents, and if the earmarked maternity weeks are not taken, they lapse. Next, the parents are entitled to 32 weeks of maternity leave (parental leave), which is not earmarked. However, these are generally allocated to the mother, which is why the parents must actively choose whether any of the parental leave is to be granted to the father.

The New Rules if Changes to the Maternity Rules Are Adopted

The agreement, which DA and FH have reached, does more to address the imbalance that lies in the fact that the mother is entitled to more parental leave than the father. If the agreement is adopted politically, it will mean that the mother can continue to go on maternity leave 4 weeks before the expected birth. The changes consist of both parents each having 11 weeks of earmarked parental leave after the birth. The remaining 26 weeks will not be earmarked, which is why they can still be transferred between the parents. These weeks will be equally divided between the mother and the father from the start, which is why a transfer will require the parents to do something active.

Minimum Directives

The underlying EU directive is a minimum directive, which is why it is up to the member states themselves to assess whether they want to put parents even more equal in relation to taking parental leave. The agreement between DA and FH only just meets the directive’s rules on the 11 weeks of earmarked parental leave, which is why the agreement has given rise to criticism from the trade unions.

What Does a Change in the Maternity Rules Mean for You as an Employer?

As an employer, it is important to be aware that within a shorter time frame, there will be a change in the maternity rules so that the legislation is complied with at your workplace. It is also a good idea as an employer to think about what such changes may entail, as it could potentially mean that fathers spend longer periods of time on maternity leave if they use the earmarked maternity weeks, so that the weeks do not lapse.