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New rules on parental leave enter into force on 1 January 2024

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Legal news
calendar 29 October 2023
globus Denmark

New rules on earmarked parental leave were introduced in the summer of 2022. There were two layers to the new rules. Among other things, the purpose of the first layer was to contribute to equality at home and at the workplace. On 1 January 2024, the second layer will enter into force, giving LGBT+ families and solo parents better leave options.

The new Parental Leave Act introduced a 24-24 model. We have previously written about the new rules on earmarked parental leave here.

As part of the new Parental Leave Act, rules were adopted to give LGBT+ families and solo parents better leave options. The new rules enter into force on 1 January 2024. Under the new rules, it will be possible for legal parents to transfer non-earmarked parental leave to social parents or close family members. Legal parents are the child’s mother, father, or co-mother.

More flexibility

Social parents or close family members are defined as a legal parent’s:

  • Spouse or cohabiting partner with an expected parent-like relationship with the child
  • A known donor with an expected parent-like relationship with the child
  • A known donor’s spouse or cohabiting partner with an expected parent-like relationship with the child
  • Parents and siblings over the age of 18. That also applies if the legal parent is deceased.

With the extra layer, the leave can be transferred as follows from 1 January 2024:

The new Parental Leave Act introduced a 24-24 model. We have previously written about the new rules on earmarked parental leave here.

As part of the new Parental Leave Act, rules were adopted to give LGBT+ families and solo parents better leave options. The new rules enter into force on 1 January 2024. Under the new rules, it will be possible for legal parents to transfer non-earmarked parental leave to social parents or close family members. Legal parents are the child’s mother, father, or co-mother.

More flexibility

Social parents or close family members are defined as a legal parent’s:

  • Spouse or cohabiting partner with an expected parent-like relationship with the child
  • A known donor with an expected parent-like relationship with the child
  • A known donor’s spouse or cohabiting partner with an expected parent-like relationship with the child
  • Parents and siblings over the age of 18. That also applies if the legal parent is deceased.

With the extra layer, the leave can be transferred as follows from 1 January 2024:

Special rules apply to solo parents. A solo mother can transfer up to 27 weeks of the leave with parental leave benefits to a close family member, while a solo father/co-mother can transfer up to 35 weeks.

IUNO’s opinion

Both social parents and close family members will be covered by the special protection we already know from the current rules on parental leave.

IUNO recommends that companies consider how to handle leave for employees who get leave transferred under the new rules. For example, one question is whether the right to paid leave will be extended to the two new groups. In this connection, it is important that the company’s leave policy is designed in a way that does not give rise to discrimination. We have previously written about unequal parental leave policies here.

In addition to the new rules for single parents and LGBT+ families, companies should also be aware that special rules for parents of twins will enter into force on 1 May 2024. Special rules for parents of triplets were already introduced on 1 January 2023. We have written about that here.

[L 172 Act on Employees’ Right to Leave from Work for Special Family-related Reasons, Act on Equal Treatment of Men and Women Regarding Employment, etc., Act on Active Social Policy and various other acts of 9 June 2022]

Special rules apply to solo parents. A solo mother can transfer up to 27 weeks of the leave with parental leave benefits to a close family member, while a solo father/co-mother can transfer up to 35 weeks.

IUNO’s opinion

Both social parents and close family members will be covered by the special protection we already know from the current rules on parental leave.

IUNO recommends that companies consider how to handle leave for employees who get leave transferred under the new rules. For example, one question is whether the right to paid leave will be extended to the two new groups. In this connection, it is important that the company’s leave policy is designed in a way that does not give rise to discrimination. We have previously written about unequal parental leave policies here.

In addition to the new rules for single parents and LGBT+ families, companies should also be aware that special rules for parents of twins will enter into force on 1 May 2024. Special rules for parents of triplets were already introduced on 1 January 2023. We have written about that here.

[L 172 Act on Employees’ Right to Leave from Work for Special Family-related Reasons, Act on Equal Treatment of Men and Women Regarding Employment, etc., Act on Active Social Policy and various other acts of 9 June 2022]

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Etgen Reitz

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Hessellund Klausen

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Kirsten

Astrup

Managing associate (on leave)

Cecillie

Groth Henriksen

Senior associate

Johan

Gustav Dein

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Anders

Etgen Reitz

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Thorsen

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Groth Henriksen

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Johan

Gustav Dein

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Meyer

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Kirsten

Astrup

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Kjærsgaard Juhl

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Grønlund Holm

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Aurora Braut Bache

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Hessellund Klausen

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