Information from

http://www.hk.dk/www/dine_rettigheder/skal_du_holde_barselsorlov/fyret_paa_grund_af_barsel/om_kvinder_der_fyres_paa_grund_af_graviditet_og_barsel

Law (Barselslov)

ð  The purpose of the law is to ensure the right to absence and unemployment benefits during pregnancy, delivery and adoption.

Chapter 1 – Purpose of the law

The purpose of the law is to ensure the right to absence related to pregnancy, delivery and adoption, and to ensure parents with relations to the labour market the right to unemployment benefits during absence related to pregnancy, delivery and adoption.

Chapter 2 – Scope of application etc.  

Employees and self-employed entrepreneurs.  

Chapter 3 – Residence and tax 

Chapter 4 – The Right to absence during pregnancy, delivery and adoption

Right to absence during the pregnancy 

The woman has the right to 4 weeks of leave of absence before birth with full maternity unemployment benefits.

Women have the right to absence before the 4-week rule, when:

-          Continuation of work will endanger the health of the woman or the foetus according to a medical doctor’s assessment. 

-          The nature of the work will endanger the health of the woman or the foetus and the employer is not able to offer another suitable position.

Women have the right to absence in relation to pre-natal pregnancy examinations.

Right to absence the first 14 weeks after delivery

A mother has the right and obligation to absence the first 2 weeks after delivery. Furthermore, after the first 2 weeks, she has the right to 12 weeks of absence.

(The woman has the right to 14 weeks of leave of absence after birth with full maternity unemployment benefits.)

The man has the right to 2 weeks of leave of absence during the first 14 weeks after birth with full maternity unemployment benefits.

Right to absence when adopting

Right to absence during parental leave

The woman and man combined have the right to 32 weeks of leave of absence after the first 14 weeks with full maternity unemployment benefits.

The has the right to begin his parental absence within the first 14 weeks.

Each parent has the right to extend the parental leave (according to §9) from 32 weeks to 40. Employed workers self-employed entrepreneurs has the right to extend the parental leave (according to §9) from 32 weeks to 46 weeks.

NOTICE! - many unions have negotiated better conditions for parents.

Many companies pay FULL SALERY the first 14 weeks after birth to the mother and 2 weeks to the father.

Right to assume work and postpone the right to absence

Employed workers have the right to assume work and postpone minimum 8 weeks and maximum 13 weeks of the right to absence. The right to postpone can only be used by one parent. The postponed absence when used should be taken consecutively. The postponed absence should be used before the child turns 9 years old.

In accordance with the employer an employed worker can resume work completely or partly during absence (according to §6-11).

If the child is stillborn, passes away or put up for adoption before the 32^nd week after delivey, the mother has the right to 14 weeks of absence after the child death or adoption.

If the child is hospitalized, the period during which the parents have the right to absence this will be extended or postponed.

Employees’ obligation to inform the employer about use of the right to absence

A female employee must with 3 month notice inform the employer about expected date of delivery and whether she will use the right to absence before the delivery.

Chapter 5 – The right to maternity benefit related to pregnancy, delivery and adoption

The employer pays maternity benefits during absence from work due to pre-natal pregnancy examinations.

To self-employed entrepreneurs eligible for maternity benefits these will be paid by the municipality

The right to accrue vacation during maternity leave

When maternity leave benefits are paid in accordance with the above articles vacation is accrued.

The right to unemployment benefits when caring for serious ill child

Parents to serious ill children below the age of 18 years old have the right to receive unemployment benefits from the municipality if they in relation to the child’s illness completely or partly give their paid work or work in self-employed company.

Chapter 6 – Requirements to employment

An employee is entitled to maternity benefits from the municipality when she uninterrupted has been active in the labour market for a minimum of 13 weeks before the absence and during this period has been employed for a minimum of 120 hours.

Chapter 7 – Request for maternity benefit by those eligible for unemployment benefits

Chapter 8 – Calculation of maternity benefits

Maternity benefits are calculated based on income.

Chapter 9 – Amount of maternity benefits

The maternity benefits cannot exceed more than 3,322 DKK (693,818 won) per week and not more per hour than this amount divided by the general union agreed weekly number of work hours.

Regulation of the amount maternity benefits

The amount of maternity benefits is regulated annually, the first Monday in January.

Chapter 10 – Reimbursement and financing (employer)

Chapter 11 – Contribution to wage earners’ supplementary pension

Chapter 12 – Administration etc.

Chapter 13 – Rules of complaints

Chapter 14 - Clauses related to the law coming into force