Parental leave - all you need to know
Many people have questions about parental leave. Here you will find clear information about your rights and the rules that apply to parental leave, including unpaid leave.
If you cannot find the answer you are looking for here, you can contact our skilled lawyers through Tekna’s legal department if you are a member.
Q&A on parental leave
Before parental leave - notification, pregnancy and workplace adjustment
Yes. When hiring, discrimination on the grounds of pregnancy or parental leave is never permitted. During the recruitment process – whether in interviews or in any other stage – employers are not allowed to request information about a candidate’s pregnancy, adoption, or plans to have children.
No. Employers are not allowed to ask if you are pregnant or plan to have children, whether in an interview or through other means.
This prohibition is set out in the Equality and Anti‑Discrimination Act.
Yes. Pregnant employees and job applicants have the right to appropriate, individual accommodation in the recruitment process, at the workplace, and in their work tasks. The type of adjustments you are entitled to will depend on your specific needs.
We recommend having an open dialogue with your employer about what kind of accommodation is necessary for you to continue working safely. This right applies to adjustments that do not place a disproportionate burden on the employer.
You need to give a inform your employer:
- at least one week in advance if the leave will last more than two weeks
- at least four weeks in advance if the leave will last more than twelve weeks
- at least twelve weeks in advance if the leave will extend beyond one year
You are not required to inform your employer that you are pregnant before these deadlines. However, it may be necessary to tell them earlier if you need workplace adjustments or accommodations.
Rights during parental leave - leave entitlement, pay and NAV
You qualify for parental benefits if you have been in paid work and earning pensionable income for at least six of the last ten months before you start your parental benefit period. Your annual income must correspond to at least half of the National Insurance basic amount (½ G).
Certain payments from NAV, your employer, or initial military service are also considered equivalent to being in active employment when calculating your entitlement.
The total parental benefit period for both parents is 245 benefit days (49 weeks) at the full rate, or 306 benefit days (61 weeks) at the reduced rate (80%).
No. Parental leave does not have to be taken as one continuos period. You can choose to split it up or combine it with work. This is agreed between you and your employer.
Mother:
- Can apply at the earliest from week 22 of pregnancy
- NAV reccomends submitting the application 4-6 weeks before the parental benefit period starts
- The application can be submitted digitally via NAV's website or by paper application
Father or co-mother:
- Can start taking barental benefit up to two weeks before due date
- The application can be submitted before the child is born
- NAV reccomends applying 4-6 weeks before the planned start of the leave period
- The application can be submitted digitally via NAV's website or by paper application
Work during parental leave - holiday entitlement, bonus schemes and availability
No. Your employer cannot require you to be available or perform work while you are on parental leave. During parental leave you are completely exempt from work, and you should not be expected to be on call, carry out tasks, or fulfil any form of work-related obligations.
You may decide yourself whether you want to take holiday during the period in which you receive parental benefits. Your employer cannot schedule holiday during this time without your consent. The same rule applies during leave taken by fathers or other caregivers in connection with the birth. Any holiday that has not been taken by the end of the holiday year must be carried over to the following year.
You have the right ti submit a pay claim and be considered in salary negotiation while you are on parental leave. This is often regulated through a collective agreement.
Whether you are entitled to receive a bonus while on parental leave depends on the purpose, wording, and practice of the bonus scheme in your workplace. This assessment must always be made based on the specific bonus arrangement in question. The starting point is that the scheme must be a general bonus scheme at company or group level.
As a general rule: If the bonus depends on the company’s financial results and individual performance, you are normally entitled to the bonus even while on parental leave. In this case, you will receive a bonus for the period you actually worked before the leave began.
If the bonus is a general company-wide bonus that is paid out regardless of the company’s results, the bonus must be paid to all employees, including those who are on parental leave.
After parental leave - returing to work, breastfeeding and employment conditions
As a starting point, an agreement about parental leave is binding for both the employee and the employer. This means that the employee does not have a legal right to return to work earlier than the agreed date. It is therefore up to the employer to decide whether an early return can be approved.
If you wish to come back earlier than planned, you should enter into a constructive dialogue with your employer to see whether an earlier return is possible.
As a general rule, an employee is entitled to return to the same position after completing parental leave. The employer may make certain adjustments – for example to ensure continuity in the workplace – but you are still entitled to return to a comparable position.
Your terms and conditions must be equivalent, including the level of responsibility, the content of the role, and your salary.
The employer may carry out organisational changes that are not related to your parental leave, provided these changes fall within the employer’s managerial prerogative. Such cases must always be assessed individually.
Yes. Women who are breastfeeding are entitled to take the time off they need for that purpose. During the child’s first year, employees who take breastfeeding breaks are entitled to paid leave of up to one hour per working day, provided their agreed daily working hours are seven hours or more. A collective agreement or internal company policies may provide even better rights.
Parental leave
Pregnant?
Are you pregnant before you start in a new job? What are your rights?
Everything about parental leave
When do I need to notify employer and how do I apply?
Discrimination due to parental leave
Women across Norway miss out on salary conversations, changes in position, pay rises and promotions because they are on parental leave.
Temporary layoff
Are you pregnant or worried about being temporary laid off during your parental leave? Here is everything you need to know.
Q&A on unpaid leave
Each parent is entitled to up to twelve months of unpaid leave for each birth. This entitlement does not apply to employees who already have a partial leave arrangement. The unpaid leave must be taken immediately after the parents’ combined ordinary parental leave period.
- Salary and holiday pay
You will not receive salary, holiday pay, or other employer‑funded benefits during a period of unpaid leave. - Pension and insurance schemes
In most cases, you will be temporarily removed from your employer’s pension and insurance schemes while you are on unpaid leave. You should clarify this directly with your employer.
The National Insurance Scheme provides pension accrual for care work if you have had daily care responsibility for a child aged 0–5. This care‑related pension accrual corresponds to an annual income of 4.5 times the basic amount (G). - Sick pay and care benefits
Taking unpaid leave means you are not entitled to sick pay (salary during sickness) or care benefits (salary when staying home with a sick child) from your employer while on leave, nor during the first four weeks after returning to work.
If you or your child becomes seriously ill, unpaid leave may therefore have significant financial consequences.
Unpaid leave may also affect the basis NAV uses to calculate your sick pay. You may be entitled to reduced sick pay from NAV from day 15, provided certain conditions are met. You can read more about this in the article The right to sick pay during unpaid leave. - Self‑certified sick leave (egenmelding)
After unpaid parental leave, you may use self‑certified sick leave once you have been back at work for four consecutive weeks.
As a starting point, an agreement about leave is binding for both the employee and the employer. This means that the employee does not have a legal right to return to work earlier than the agreed date.
It is therefore up to the employer to decide whether an early return can be approved.
If you wish to come back earlier than planned, you should enter into a constructive dialogue with your employer to explore whether an early return is possible.
Everything you need to know about unpaid parental leave
Considering unpaid leave?
It can be challenging to make everyday life work when your income changes. Are you thinking about taking unpaid leave? Here are some key things you should consider before making a decision.
Illness during unpaid parental leave
Many new parents choose to extend their parental leave with a period of unpaid leave. But what happens if you become ill during this time?
Not easy to make ends meet
Both Rikke and her husband took unpaid leave while waiting for a kindergarten place
What are the criteria for receiving sick pay?
There are several important conditions you need to be aware of in order to be eligible for sick pay while on unpaid parental leave
