Many people experience additional uncertainty about which rights apply when you are pregnant and temporarily laid off, or what you are entitled to if you are on parental leave and your employer introduces a temporary layoff. Tekna’s lawyers have answered the questions that most often concern Tekna members in this situation.
“As a general rule, Tekna believes that employees who are on parental leave, or who are about to start parental leave, should not be included in temporary layoffs. Instead, the employer should reassess the situation and the legal basis for a temporary layoff once the parental leave has ended,” says Anne Cathrine Hunstad, Head of Tekna’s legal department.
What happens if you are on parental leave and are temporarily laid off?
If you are on parental leave and your employer decides to introduce a temporary layoff, the layoff will not take effect until the date you are scheduled to return to work. Until then, you will continue to receive parental benefit payments as normal.
This means that you will receive ordinary pay from your employer for the first two days, and after this, you will receive benefits from NAV: 18 days of wage compensation, capped at 6G (the National Insurance basic amount), adjusted according to the percentage of the layoff, followed by unemployment benefits, calculated at 62.5% of 6G.
It is important to note that there is a minimum requirement of at least 40% loss of working hours to qualify for unemployment benefits. For employees who are on more than 60% parental leave, this is particularly important. They should be shielded in a temporary layoff process, as they will not be entitled to unemployment benefits if the layoff affects less than 40% of their working hours.
What is G?
The basic amount (G) is a fixed sum that is adjusted once a year. G is used as the basis for NAV’s social security and pension benefits.
The amount is updated on 1 May each year: 1 May 2025, G was set at NOK 130,160.
Is it easier to temporarily lay off employees who are on, or planning, parental leave?
No. It would be unlawful discrimination if an employer allows pregnancy or parental leave to influence who is selected for a temporary layoff.
Can I be temporarily laid off before I start parental leave?
Yes, an employer may temporarily lay off employees who are about to start parental leave. Employers may also temporarily lay off pregnant employees. However, for a temporary layoff to be lawful, there must be objective and valid grounds, and the reduction in the need for labour must be temporary. The reasons must be linked to the company’s situation, not to the individual employee.
Examples of valid grounds for a temporary layoff include: lack of orders, full warehouses, practical obstacles to work, accidents or other unforeseen events.
At the same time, it is often impractical to temporarily lay off employees who are about to go on parental leave, or who are already on parental leave. A temporary layoff is, by definition, meant to be short-term, and circumstances may change during the layoff period. Employees who are about to start parental leave, or who are already on parental leave, will not burden the company’s wage budget in the same way, as it has already been agreed that they will not be working for a certain period.
Tekna therefore takes the view that employees who are on parental leave, or who are about to start parental leave, should not be selected for temporary layoff. Instead, the employer should reassess the situation and the basis for any temporary layoff when the parental leave ends.
If, under the employment contract, a collective agreement, or other arrangements, the employer has committed to paying full salary during parental leave, this obligation will also apply even if the employment relationship is affected by a temporary layoff. An exception may apply if, at the time the agreement was entered into, the employer explicitly reserved the right for its obligations to be reduced or suspended during a temporary layoff.
When parental leave begins, parental benefits up to 6 G (six times the National Insurance basic amount) are paid by NAV. If the employer pays salary during the parental leave period, these amounts will be refunded by NAV to the employer.
What are the financial consequences if you are about to start parental leave and/or are pregnant and are temporarily laid off?
When you are temporarily laid off, you will normally receive unemployment benefits (dagpenger) while the layoff lasts. This involves a reduction in income.
If you return to work before you start parental leave, parental benefits (foreldrepenger) will be calculated based on the income you have at the time you start your leave. NAV will usually base this on an average of the salary you have had over the last three months, or an average of your income in the previous calendar year.
If you are a man and receive unemployment benefits when you start parental leave, parental benefits will be calculated based on the unemployment benefit rate. For women who receive unemployment benefits, parental benefits may be calculated based on the best of two alternatives:
- The average income from the last three months
- Or the average of the six best months out of the last ten months.
This follows section 14‑7 of the National Insurance Act and applies only to women.
Do I receive full pay if I am temporarily laid off while on parental leave?
If you are temporarily laid off while you are on parental leave, you will, as a general rule, retain your benefits from NAV and your employer.
Can I be temporarily laid off while I am on parental leave?
If you are on parental leave, you are not considered part of the active workforce. You do not place a burden on the employer’s wage budget. However, you may still be notified of a future temporary layoff in the same way as other employees, in accordance with the temporary layoff rules. If this is done correctly, you may be temporarily laid off from the point in time when your parental leave ends.
Do I meet the eligibility requirements for parental benefits if I become ill, am temporarily laid off or lose my job?
The main rule for receiving parental benefits (foreldrepenger) is that you must have had income from employment for at least 6 of the last 10 months before the start of the parental leave.
