Denmark: new rules for parental leave

On 03 March Denmark’s Parliament adopted a bill amending the Parental Leave Act and bringing it into line with the 2019 European Work-life Balance Directive, which must be implemented in the EU Member States by 02 August 2022 (c.f. article No.11231). The aim of this text is to create a better work-life balance and to promote gender equality. To this end, the new law, which will apply to parents whose children are born on or after 02 August 2022, allows for a portion of the parental leave to be split between the two parents. While mothers will still be entitled to 4 weeks of leave prior to childbirth, they will benefit from an additional 10 weeks after childbirth, 2 of which are mandatory. The following 8 weeks can be transferred, in whole or in part, to the other parent. Beyond this period, the mother will be able to take 32 weeks of leave, and with the possibility of extending this further. These provisions similarly apply to single mothers and fathers. Single parents can also access 46 weeks of paid leave. As of 01 January 2024, single parents will also be able to transfer part of the leave to a close family member (e.g. a brother or a grandparent), provided that the leave is taken before the child’s first birthday. LGBT+ families will be able to transfer available weeks to ‘social’ relatives, including the spouse of the legal parent, a known donor with a parental relationship with the child, or, for example, the donor’s spouse/partner.