New rules on maternity leave from 2 August 2022

Understanding the Changes in EU Maternity Leave Rules

Are you aware of how the change in maternity leave rules in the EU affects you? As a company or employee, do you know your new rights and obligations? Get insights into the changes below.

The Work-Life Balance Directive amends the Danish maternity rules. These rules apply from 1 July 2022, covering children born or received after 2 August 2022.

The rules include the so-called 24-24 model, where the starting point is that both parents have 24 weeks of maternity leave each after the birth. The total weeks allocated to the parents remain the same as under previous rules: 4 weeks before the birth and 48 weeks after the birth.

Each parent has 11 weeks of non-transferable parental leave and 13 weeks that can be transferred. The 11 weeks of earmarked parental leave must generally be taken within the child’s first year. If not, the weeks will be lost unless special circumstances prevent the parent from taking the leave within the first year. In such cases, the leave may be taken within the first three years of the child’s life or reception.

Distribution of Maternity Leave

Mother’s Leave

• The mother is entitled to 4 weeks of pregnancy leave before the expected due date.
• After the birth, the mother has 2 out of 10 weeks earmarked for maternity benefits, while the remaining 8 weeks can be transferred to the other parent.
• Following the initial 10 weeks, the mother is entitled to 14 weeks of maternity and parental leave with benefits, 9 of which are earmarked for her.
• In total, the mother has 4 weeks of pregnancy leave and 24 weeks of maternity and parental leave.

Father’s/Co-Mother’s Leave

• The father/co-mother is entitled to 2 weeks of non-transferable parental leave, typically taken at the time of the child’s birth.
• Additionally, the father/co-mother has 22 weeks of parental leave, 9 of which are non-transferable, while the remaining 13 weeks can be transferred to the mother.
• In total, the father/co-mother also has 24 weeks of leave.

Solo Parents and LGBT+ Families

From 1 December 2023, new rules will apply to solo parents and LGBT+ families for children born or received from 1 January 2024. Under these rules, non-earmarked leave can be granted to a close relative who is not the child’s parent.

Why Are the Maternity Rules Changing?

The legislator aims to address challenges women face in the labor market, including pay gaps, pension disparities, and career progression. The changes are intended to encourage fathers to take more leave, promoting financial equality and enhancing women’s bargaining power in the workforce.

What Should Employers Do?

Employers must ensure that future employment contracts reflect the new parental leave rules. Additionally, updating the company’s maternity policy to promote equality in line with the new rules is recommended.

You can read more about general employment law here.