If you are expecting a child, it is wise to reflect on what this may mean for your job in the coming months. How long can you stay at home? Will you receive pay rises while you are on parental leave?
Can my employer require me to be available during parental leave?
Parental leave is a time-limited absence from work. The Working Environment Act provides certain rights to leave from work, while the National Insurance Act provides entitlement to financial benefits during the leave period. Many employers offer benefits that go beyond the statutory minimum requirements.
The right to leave in connection with childbirth is regulated by sections 12‑3 to 12‑6 of the Working Environment Act. Under section 12‑5, parents are entitled to 12 months of paid parental leave. The first six weeks of the leave period are reserved for the mother.
Also read: Am I entitled to unpaid parental leave after paid parental leave?
When do I have to notify my employer?
Stina Johnsen, a legal adviser at Tekna, answers some of the most common questions about parental leave.
Can an employer ask whether I am pregnant or planning to have children in a job interview?
“No, an employer is not allowed to obtain information about an applicant’s pregnancy, adoption or plans to have children during the recruitment process (in an interview or otherwise). The prohibition on such questions in the Equality and Anti-Discrimination Act exists to prevent irrelevant and discriminatory factors from being taken into account in recruitment,” she says.
You can apply for parental benefits at the earliest from week 22 of pregnancy.
When do I have to inform my employer that I will be taking parental leave?
“An employee must give notice at the latest one week in advance for absences exceeding two weeks, four weeks in advance for absences exceeding twelve weeks, and twelve weeks in advance for absences exceeding one year. You are not required to tell your employer that you are pregnant before this, but it may be necessary if you need workplace adjustments.”
Am I entitled to workplace adjustments due to pregnancy?
“Yes, pregnant employees and job applicants are entitled to suitable individual adjustments in the recruitment process, workplace and work tasks. What kind of adjustments you are entitled to must be assessed based on your individual needs. We recommend entering into dialogue with your employer about what adjustments are necessary for you to remain at work. This right applies to adjustments that do not impose a disproportionate burden on the employer,” says the legal adviser.
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What should I consider before taking unpaid parental leave?
Each parent is entitled to 12 additional months of unpaid leave for each birth, after the ordinary paid parental leave. This leave must be taken immediately after the paid leave.
Salary and holiday pay
– You will not receive salary, holiday pay or other benefits from your employer during the period of unpaid leave.
Pension and insurance schemes
– Normally, you will be temporarily removed from your employer’s pension and insurance schemes during the period you are on unpaid leave. You should clarify this with your employer in advance.
– The National Insurance Scheme provides pension accrual for care work if you have daily care for children aged 0 up to and including 5 years. This care accrual ensures pension rights corresponding to an annual income of 4.5 times the basic amount (G).
Sickness benefits and care benefits
– Unpaid leave means that you are not entitled to sickness benefits (pay during illness) or care benefits (pay for “sick child days”) from your employer during the leave period or for four weeks after you return to work. If you or your child are affected by long-term illness, unpaid leave can therefore have significant financial consequences.
– Unpaid leave may also affect the basis for sickness benefits determined by NAV. You may be entitled to reduced sickness benefits from NAV from day 15 if certain conditions are met. You can read more about this in the article: The right to sickness benefits during unpaid leave.
Self-certification
– When you have taken unpaid parental leave, you will be able to use self-certification after four weeks back at work, she says.
When and how does the mother apply for parental benefits?
“You can apply for parental benefits at the earliest from week 22 of pregnancy. NAV recommends that you apply four to six weeks before the parental benefit period starts. You can apply for parental benefits digitally or by submitting a paper application by post.”
When and how does the father/co-mother apply for parental benefits?
“The father or co-mother can start taking parental benefits up to two weeks before the expected birth. You can apply before the child is born. NAV recommends that you apply four to six weeks before the parental benefit period starts. You can apply for parental benefits digitally or by submitting a paper application by post.”
How long is parental leave?
“Parents are entitled to parental leave (including maternity leave) for a total of twelve months, or for as long as parental benefits are paid under the National Insurance Scheme. In addition, each parent is entitled to leave of up to twelve months per birth. This does not apply, however, to employees who are on partial leave.”
What is required to be entitled to parental benefits/pay during parental leave?
“Entitlement to parental benefits is earned by being in paid employment with pensionable income for at least six of the last ten months before the start of parental benefits. Annual income must correspond to at least half of the basic amount (G). Certain benefits from NAV, the employer or compulsory military service are also treated as equivalent to paid employment.”
How long am I entitled to parental leave with pay?
“The total benefit period for the parents is 245 benefit days (49 weeks) at full rate, or 295 benefit days (59 weeks) at reduced rate (80 per cent). With effect from 1 July 2024, the parental benefit period at reduced rate (80 per cent) was extended to 306 benefit days (61 weeks and one day), so that parents receive approximately the same total payout whether they choose 80 per cent or 100 percent coverage.”
Do I have to take all parental leave at once?
Parental leave does not have to be taken as one continuous period. You may choose to split it up, take it consecutively, or combine it with work. This must be agreed with your employer, and you can find more information about this on NAV’s website.
Am I entitled to full pay during parental leave?
“When you go on parental leave, NAV covers income up to six times the basic amount (6 G). Many Tekna members earn more than 6 G, and many are covered by schemes that provide full pay during parental leave, including income above 6 G. This may be set out in a collective agreement, the staff handbook or the individual employment contract. This is an important point to check when starting a new job.”
You are also entitled to submit pay claims and be assessed in salary negotiations while you are on parental leave.
Am I entitled to unpaid parental leave?
“Each parent is entitled to up to twelve months of unpaid leave per birth. This does not apply to employees who are on partial leave. The unpaid leave must be taken immediately after the parents’ total ordinary paid parental leave.”
Can my employer require me to be available during parental leave?
“No, the employer cannot require you to be available or to perform work during parental leave. While you are on parental leave, you are free from work obligations and must not be at the employer’s disposal or be assigned any duties.”
What happens to holiday entitlement during parental leave?
“You decide yourself whether you want to take holiday during periods of parental leave where parental benefits are paid. The employer cannot, without your consent, schedule holiday during such leave. The same applies to leave taken by fathers and other carers in connection with childbirth. Holiday that has not been taken by the end of the holiday year must be carried over to the following holiday year.”
Am I entitled to salary progression during parental leave?
“You are entitled to submit pay claims and be assessed in salary negotiations while you are on parental leave. This is also often regulated in collective agreements.”
Am I entitled to a bonus during parental leave?
“This must be assessed on a case-by-case basis, depending on the purpose of the bonus scheme, its wording and the company’s established practice. A key condition is that the bonus scheme is a general scheme at company or group level.
As a general rule, if the bonus depends on the company’s results and earnings, you are entitled to receive a bonus even if you are on parental leave, for the period you actually worked before the leave started. If the bonus is a general payment granted regardless of company performance, it must be paid to all employees, regardless of whether you are on parental leave or not.”
Am I entitled to return to the same position after parental leave?
“Yes. As a general rule, employees are entitled to return to the same position after parental leave. The employer may be allowed to make certain adjustments, for example to ensure continuity, but you are in any case entitled to return to a corresponding position.
The terms of employment must be equivalent in terms of job content, responsibility and pay. The employer may make changes that are not related to the parental leave, provided they fall within the employer’s managerial prerogative. This must always be assessed specifically in each case.”
Does parental leave provide protection against dismissal?
“No, but for employees who are on parental leave for up to one year, the notice period does not start to run until the leave has ended (Working Environment Act section 15‑9, second paragraph).
Parental leave in itself is not a valid ground for dismissal. If you choose to resign while you are on parental leave, the notice period will run in the normal way, as if you were not on leave.”
“Most employees will experience that work tasks evolve over time, but the employer cannot make material changes without agreement from the employee. After parental leave, you are generally entitled to return to the same position and the same tasks you had before the leave. Contact Tekna’s legal department if you experience challenges when returning to work after parental leave.”
Can I apply for a new job if I am pregnant or about to take parental leave?
“Yes. In recruitment processes, differential treatment due to pregnancy or parental leave is never permitted. Employers are not allowed to request information about an applicant’s pregnancy, adoption or plans to have children during interviews or in any other way.
You can read more in the article: pregnancy and recruitment.”
Am I entitled to breastfeeding breaks?
“Yes. Women who are breastfeeding are entitled to time off. During the child’s first year, breastfeeding mothers are entitled to paid leave of up to one hour per working day, provided the agreed working hours are seven hours or more. Collective agreements or internal policies may provide more generous rights.”
Can I demand to return from parental leave earlier than planned?
“As a general rule, an agreement on parental leave is binding for both the employee and the employer, and the employee does not have an automatic right to return earlier than the agreed date. This is at the employer’s discretion. If you wish to return earlier, you should enter into dialogue with your employer,” says Johnsen.
