New rules will introduce new leave forms and more flexibility

A new Act implements parts of the EU directive regarding parental leave and carry out a political agreement between the government and several political parties from 2021 about care leave and flexible work arrangements, among other things. Moreover, the Act implements a political intend to introduce a special right to extra leave for families that gets three or more children at the same birth.

Act on five annual days of care leave

Employees will have the right to care leave for five workdays without pay under the new rules. It is a requirement that the leave is used to personally care for or to offer support to a family member or a person living in the same household as the employee. It is also a requirement that the family member or person needs extensive care or support due to a serious health state. Companies can ask employees to provide documentation on the need for care.

Employees taking care leave will be protected against termination as parents taking parental leave under the new rules. This means that the employees for example can return to the same or equivalent job after the leave. At the same time, employees are entitled to any improved terms of employment they would otherwise have received, had they not been on leave. Finally, companies must issue a written reason if they terminate an employee that has requested or is on leave.

Parents with children under nine years old can ask for flexible work arrangements

Pursuant to the new rules, employees with children under the age of nine will have the right to request changed working hours or work patterns during a specific period. Employees who request a flexible work arrangement are entitled to have the request considered by the company and to receive a reply. Companies that reject the request must give a written justification of the rejection. From 2024, the right to ask for flexible work arrangements will also apply to social parents under the Act on Parental Leave.

As an additional right, employees who offers personal care or support to a relative or person in the same household, can also request a flexible work arrangement. This will make it easier for that group to offer care, irrespective of whether they have children under the age of nine or not.

Extra leave to employees who gets three or more children at the same birth

Finally, when employees get three or more children at the same birth, an additional right to 26 weeks of extra leave with parental leave benefits will apply. This leave must be taken within 18 months after the birth of the children. Parents can agree to share the 26 weeks between them.

IUNO’s opinion

The new rules give a greater degree of freedom to employees who attempt to balance work life with special needs in their family life. We have previously written about the rules on earmarked leave and LGBT+ families and solo parents leave options, here.

IUNO recommends that companies become familiar with the new rules and follows the developments closely, to be prepared for the new types of leave. Companies should prepare for how to manage requests for flexible work arrangements and what could be a good solution or alternative, for that matter, if an employee’s request for changes to working hours or work patterns cannot be met.

[L 172 Act on changes to the Act about the Employees Right to Absence from Work for Special Family Reasons, the Act on Equal Treatment, the Act on Active Social Policies and other acts of 9 June 2022]