Bill on grieving leave to fathers and co-mothers enacted

As of 1 February 2018 the rules on grieving leave in the Act on Maternity Leave have been amended. This means that fathers and co-mothers now have the same entitlement to leave as the mother if the baby is stillborn, dies or is put up for adoption before the 32nd week after birth.

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The Danish Parliament recently passed a Bill to make equal parents’ right to leave, which means that fathers and co-mothers in the same way as mothers are now entitled to up to 14 weeks’ leave if the baby is stillborn, dies or is put up for adoption before the 32nd week after birth. Previously only mothers were entitled to this type of leave.

The amendments further mean that both adoptive parents are entitled to absence. Thus, both parents seeking adoption are entitled to 14 weeks’ leave if the adopted child dies within 32 weeks of receiving the child.

If an employee wishes to use his or her entitlement to leave in a situation as described above, the employee must notify the employer as soon as possible. However, it is not necessary for the employee to notify the employer again if the employee has already notified the employer that he or she will be taking leave of – as a minimum – the same duration in connection with the expected birth or receipt of the child.

Click here to read our commentary on the Bill which has now been enacted (in Danish).

The amendments entered into force on 1 February 2018.

The content of the above is not, and should not be a substitute for legal advice.

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