An amendment of the law on earmarked parental leave has now been adopted

With the new leave model, both parents are entitled to 24 weeks’ leave each after the child’s birth with the right to maternity benefits. The mother will continue to have the right to take 4 weeks’ leave before the birth.

The most striking thing about the new model is that 11 out of the 24 weeks are specifically earmarked for the parent to whom they are assigned. The earmarking means that this part of the leave will be lost if not taken.

The remaining 13 weeks will not be earmarked and can therefore basically be transferred to the other parent.

The change in the law on earmarked leave is aimed at employees and therefore does not apply to self-employed, students and unemployed individuals.

The new rules apply to parents of children born or received on 2 August 2022 or later.

Solo parents and LGBT+ families.

The change in the law also means that single fathers and single mothers receive 46 weeks’ leave each after the birth. It is also possible to transfer part of the leave to close family members.

For LGBT+ families, the child’s legal parents can transfer leave that is not earmarked to social parents. Social parents cover the persons who are intended for a parent-like relationship with the child.

The rules on the possibility for single parents and LGBT+ families to transfer part of the leave will apply from 1 January 2024.

If you have questions about the new rules, please do not hesitate to contact our employment law specialist partner, Attorney Michael Møller Nielsen, Attorney David Bar-Shalom  or Attorney Julie Flindt Rasmussen.