Global Compliance Desk – Denmark
Denmark: Introduction of Additional Leave for Birth of Twins
A new bill for an additional 26 weeks of leave for parents of twins, etc., has been introduced to the Danish Parliament on January 17, 2024. The bill is scheduled to be implemented on May 1, 2024.
Currently, employees do not get a longer parental leave or more maternity allowance if they have twins. As parents, employee parents can share, postpone, and extend the leave in the same way as with a single childbirth. However, they will be paid an extra child allowance by Udbetaling Danmark until the children turn 7 years old.
Furthermore, as per the current labor legislation, employees who have had 3 or more children at the same birth on or after January 1, 2023, shall have the option of applying for 26 weeks of extra unpaid leave with the right to maternity allowance together, which the parents can divide between themselves. The 26 weeks’ leave must be taken within 18 months after the birth. The leave cannot be extended or postponed when work is resumed.
Historical Background
As part of the 2023 fiscal agreement in the Danish Parliament, it was agreed in March 2023 that parents of twins should have an extra 26 weeks of leave with maternity benefits. The agreement aimed to improve the opportunity for parents of twins to take more leave together during the first year of their children’s lives.
In June 2023, the parties behind the fiscal agreement reached an agreement on the specific implementation of the 26 weeks of leave for parents of twins. The legislative proposal, which also includes other elements related to the Danish Act on Leave and Benefits on Grounds of Pregnancy and Childbirth, was presented on January 17, 2024, and shall come into effect on May 1, 2024. The rules will apply to parents who have two or more children born on the same day, born on May 1, 2024, or later.
This new bill shall now cover all parents who have two or more children born on the same day or through adoption and shall replace the existing rules in the Danish Act on Leave and Benefits on Grounds of Pregnancy and Childbirth regarding 26 weeks of additional leave for families with triplets or more, which came into effect last year.
Upcoming Changes to Additional Parental Leave – Additional leave for parents of two or more children
Under the new bill, parents who have two or more children born on the same day will each be allocated an additional 13 weeks of leave with maternity benefits. The rules will also apply to adoptive parents. The extra 13 weeks of leave will be allocated to the individual legal parent as earmarked weeks, meaning the leave cannot be transferred to the other legal parent.
The extra leave weeks are intended for all parents, including employees, self-employed individuals, and unemployed parents.
The reason for allocating these extra leave weeks is to allow parents to take leave simultaneously while their children are small and require special care. Therefore, the legislative proposal suggests that the part of the extra 13 weeks of leave that may not have been taken before the children turn 1 year old will expire. For the same reason, there is no possibility to postpone the leave due to maternity obstacles until after the children turn 1 year old.
However, the bill suggests that an employee, by an agreement with the employer, can resume work fully or partially during the leave and agree to extend the leave by the period during which work has been resumed, or the leave can be taken at a later date. However, the leave must always be taken before the children turn 1 year old.
Extra Leave for Social Parents
The legal parent can transfer the extra 13 weeks of leave or part of the weeks with maternity benefits to a social parent, just as the legal parent can transfer leave to a social parent under current rules. A social parent can receive a maximum of 13 extra weeks of leave, and these must be taken within 1 year of the birth.
Social parents are defined in the law as persons who intend to have a parental-like relationship with the child and who are either married to one of the child’s legal parents or have been a cohabiting partner with one of the legal parents for at least two years.
Solo Parents with Twins
Under the bill, solo parents, i.e., where only one legal parent has twins, are also granted 13 weeks of additional leave with maternity benefits. The starting point is that only 13 weeks of additional leave are granted, to be taken within a year. However, a solo parent also has the opportunity to apply for an extra 13 weeks of leave for a specific designated close family member or a social parent, after which the allocated weeks can be shared among close family members and/or social parents.
Interaction between Bereavement and Additional Maternity Leave
Under current rules, both parents are entitled to 26 weeks of bereavement leave (6 months) with benefits if the child is stillborn or dies before turning 18. This means that if one of the twin children is stillborn, both parents will have the right to 26 weeks of bereavement leave in connection with the death of one child. In this situation, parents will not have 13 weeks of additional leave, as there are not two live-born children at the same birth.
If one of the children dies at some point after birth, the legal parents retain the extra 13 weeks of leave regardless of whether both parents also have the right to 26 weeks of bereavement leave in connection with the death of one child.
Close family members’ opportunity to take transferred leave
Under current rules, solo parents can transfer their right to leave with maternity benefits to a close family member, except the earmarked 9 weeks. The bill now clarifies that a close family member who has been granted transferred leave can agree with their employer to take the transferred leave on a reduced work schedule or resume full-time work, potentially extending the right to leave. The leave must still be taken within 1 year of the child’s birth or reception.
Notification Requirement
The general notification periods in the Danish Act on Leave and Benefits on Grounds of Pregnancy and Childbirth, depends on whether the leave must be taken within the first 10 weeks after the child’s birth or after the 10 weeks following the birth date, will also apply to notifying the employer of the use of the extra 13 weeks.
Takeaway – Employers must closely follow the legislative process on the implementation of the bill and review and make changes to their current policies before May 1, 2024.
