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The Order Of The Law Concerning The Right To Leave And Daily Allowance In The Event Of Childbirth (Maternity Law)

Original Language Title: Bekendtgørelse af lov om ret til orlov og dagpenge ved barsel (barselloven)

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Table of Contents

Chapter 1 Objective

Chapter 2 Limitation of the person who has the right to be absent and maternity leave after this law

Chapter 3 Stay and taxation in this country

Chapter 4 In connection with pregnancy, birth and adoption, correct absence

Chapter 5 The right to maternity benefits during pregnancy, childbirth and adoption, etc.

Chapter 6 Employment requirements

Chapter 7 The daily money justifies the application for maternity benefits

Chapter 8 The calculation basis for maternity benefits

Chapter 9 Size of the maternity benefits

Chapter 10 Reimbursement and funding, etc.

Chapter 11 Contributions to the Labor Market's Supplementary Pension

Chapter 12 Administration and so on

Chapter 13 Storage egers

Chapter 14 Entry into force and transitional provisions

Publication of the right to leave and daily allowances at maternity leave (maternity leave) 1)

This shall be the subject of the law. 566 of 9. June 2006 on the right to leave and daily allowances at maternity leave (maternity leave), with the changes resulting from paragraph 7 of Act No. 1336 of 19. In December 2008 and section 4 of the law no. 494 of 12. June 2009.

Chapter 1

Objective

§ 1. The purpose of this law is to ensure parents ' absence in connection with pregnancy, birth and adoption, and to ensure parents who are associated with the labour market's right to maternity benefits during pregnancy, birth and adoption, etc.

Chapter 2

Limitation of the person who has the right to be absent and maternity leave after this law

§ 2. In order to be absent from this law, all parents are included.

Paragraph 2. Daily money after that law is provided in the form of maternity benefits for employees and self-employed workers.

Paragraph 3. It is a condition of the right to maternity benefits for those who have been mentioned in paragraph 1. 2 that the person meets the employment requirement in accordance with section 27 for employees or Section 28 for self-employed persons.

Paragraph 4. Maternity benefits which wage earners shall have the right to the following paragraph. 2 and 3 may be paid to employers who have paid wages under the absence, cf. § 39, paragraph. 1.

Paragraph 5. The Minister for Family and Consumer Affairs sets special rules on maternity benefits to seafarers.

Chapter 3

Stay and taxation in this country

§ 3. The right to maternity benefits is subject to the fact that the person at the end of the period of absence is legally resident here in the country or in accordance with Community Regulation No 2 ; 1408/71 by 14. In June 1971 on the application of social security schemes to workers, self-employed workers and members of their families who are moving within the Community are covered by Danish legislation on social security.

Paragraph 2. However, maternity benefits may be paid during stay abroad to a person sent to employment for no more than 1 years abroad in the country of employment at a maximum of one year abroad, where the income of the envoy is taxable in Denmark.

Paragraph 3. Maternity benefits may also be paid to a person who, at the beginning of the period of absence, is staying abroad for a period of time as referred to in paragraph 27 (5). Paragraph 3, or Article 28 (3). The assessment of the employment requirement has been ignored in the assessment of the employment requirement.

Paragraph 4. People who, following an international social security agreement, are covered by Danish legislation on social security, are entitled to maternity benefits even though they do not have a residence in this country.

Paragraph 5. A person who, at the start of a period of absence, is entitled to maternity benefits in accordance with paragraph 1. 1-4, retain the right to maternity benefits for the remaining part of this period, regardless of where the person residing.

§ 4. The right to maternity benefits is conditional on the tax income included in the calculation base according to chapter 8.

Paragraph 2. However, maternity benefits may be paid to persons whose income is not covered by paragraph 1. 1 when

1) income may be taxed on the Faroe Islands or Greenland ; and

2) they have no or no longer have the right to maternity benefits or other compensation for the loss of income under the laws of the Faroe Islands and Greenland and the parties concerned, either stay in the country or stay in Greenland ; or The Faroe Islands and the income are acquired in the country or in the Danish ship.

Paragraph 3. Persons following Community Regulation No 2 : In Danish legislation on social security, 1408/71 is entitled to maternity benefits, even though their income is covered by paragraph 1. 1 cannot be taxed in Denmark.

Paragraph 4. People who, following an international agreement on social security, are covered by Danish legislation on social security, are entitled to maternity benefits, even though their income is covered by paragraph 1. 1 cannot be taxed in Denmark.

Paragraph 5. If a person is entitled to maternity benefits under this law, paid from a foreign employer in relation to pregnancy, birth and adoption, the employer shall have the right to reimbursement of maternity benefits, cf. § 39.

§ 5. People with residence in the country or income covered by Section 4 (2). 1, if they cannot obtain maternity benefits if they are entitled to benefits or other compensation for loss of income or other compensation for loss of income or in accordance with Community Regulation No 1408/71, in accordance with the legislation of the Faroe Islands or Greenland legislation, or Member State ' s legislation on social security.

Chapter 4

In connection with pregnancy, birth and adoption, correct absence

Right to absence during pregnancy

§ 6. A woman has the right to be absent from work because of pregnancy when it's estimated to be four weeks at birth.

Paragraph 2. A pregnant woman is entitled to be absent within the four weeks period before birth, if

1) according to a medical assessment, the pregnancy has a pathological flow which will lead to continued employment at risk of the health or fetus of the woman ; or

2) the specific nature of the work poses the risk of the embryo or pregnancy due to the public provisions laid down in public, preventing her from carrying out its work and the employer may not offer her other appropriate employment.

Paragraph 3. A woman is entitled to be absent from the work in connection with preventive pregnancy studies when these are to take place during working hours.

Right to absence in the first 14 weeks after birth

§ 7. A mother is right and a duty to be absent in the first two weeks after birth. Then she has the right to absence for another 12 weeks.

Paragraph 2. The father shall enter the mother's right to be absent from paragraph 1. 1, if the mother dies or because of illness, will be unable to take care of the child.

Paragraph 3. A father has the right to be absent for two consecutive weeks after the birth or after the arrival of the child at home or after agreement with the employer in the first 14 weeks of birth.

The right of Adoptants to be absent in connection with an adoption

§ 8. Upcoming adopts who are staying abroad to receive a child have every right to be absent from the work of up to four weeks before the child has been received. The right to be absent shall be extended to four weeks if the stay abroad before the arrival of the child is longer than four weeks for reasons that cannot be attributable to the future adoptives.

Paragraph 2. The child shall be deemed to have been received when the formal conditions of journey home with the child have been fulfilled.

Paragraph 3. It is a condition of the right to be absent from paragraph 1. 1 that it is an adoption, which is communicated by an organisation approved in accordance with the adoption law, or by a private foreign adoption, carried out on the authorisation of the Family Services Agency.

Paragraph 4. For future adoption, to receive an adoptive child in Denmark, there is a right of absence for up to 1 week before the arrival of the child, if the child has not already reside in the home of the adoption. The adoption of the child shall be subject to the location of the child prior to receiving the adoption of the child. The absence of the right to be extended to 1 week shall be extended to 1 week if the stay is longer than one week for reasons that cannot be attributable to the future adoptives.

Paragraph 5. When the adoptive authorities decide that the adoptive or the one of the adoptive spouses in a period shall be in the home, the parents shall have the right to be absent from paragraph 1. Six and seven.

Paragraph 6. In the first 14 weeks after receipt of the child, one of the adoptive parents has the right to the absence, except for the right to the concurrent absence for two consecutive weeks. The right to the absence of paragraph 1. 7 may be commended within the first 14 weeks after receipt of the child.

Paragraph 7. After the 14th. The week after receipt of the child, adopts shall be entitled to the absence of the work during parental leave after sections 9 and 10.

Paragraph 8. In the event of a registered child, the adoption of the child shall be entitled to the absence of 2 consecutive weeks after the birth or after the receipt of the child in the home or after the agreement with the employer within the first 14 weeks of birth, when : The adoption has a legal effect on the birth of the child. After the 14th. The adoption of the child at home shall be entitled to the absence of sections 9 and 10 a week after birth or receipt of the child. If the mother dies or because of illness is unable to attend to the child, the adoption aunt shall enter the mother's right to be absent in accordance with section 7 (4). 1.

Right to absence while parental leave

§ 9. After the 14th. weekly after birth or the receipt of the child, each of the parents shall have the right to parental leave for 32 weeks. However, the father shall have the right to initiate the parental leave within the first 14 weeks of birth.

§ 10. Each of his parents has the right to prolong the parental leave, after $9 from 32 weeks to 40 weeks. Employment workers and self-employed workers have the right to extend parental leave in accordance with section 9 from 32 weeks to 46 weeks.

Right to resume work and to postpone the right of absence

§ 11. Employment workers shall have the right to resume work and to postpone at least eight weeks and not more than 13 weeks of the absence of the absence after Section 9. The right to postpone the absence can be used only by one of the parents. When used, the untenable absence must be kept for a continuous period of time. The Deferred Exerte shall be used before the child is nine years old.

§ 12. In agreement with the employer, an employed person may resume work in full or in part during the absence of section 6 to 11, cf. however, paragraph 1 5.

Paragraph 2. In relation to agreement in part, the work is resumed in absence from section 7, section 8 (8). This may be agreed to extend the right of absence by the time in which the work has been resumed.

Paragraph 3. In the case of an agreement on the resumption of full time during the absence of paragraph 9, it may be agreed that the right to waive the absence shall be postponed by the time in which the work has been resumed.

Paragraph 4. Deferred from the law to be used before the child turns nine years. If a salary is deducing before the loss of the absence is used, the right to be absent shall be subject to the appointment of the recipient of the contract with the new employer for the deducing of the absence.

Paragraph 5. The right to resume the work under paragraph 1. Paragraph 1 shall not include the absence of the mother in the first two weeks of birth.

Absencing in exceptional cases

§ 13. If the child is stillborn, door or will be put up for adoption before the 32. weeks after birth, the mother shall have the right to be absent for 14 weeks after the child's death or the adoption. However, in cases where the mother suffers from a pregnancy condition, the absence shall be extended to a maximum of 46 weeks after giving birth. If the child is stillborn or die before the 32. the week after birth, the father shall retain the right to be absent after paragraph 7 (3). Similarly, the registered partner, who has stepson the child, retain the right to be absent after Article 8 (3). 8, 1. pkton, if the child is stillborn or dies before 32. week after birth.

Paragraph 2. If an adopted child dies before the 32. week after receipt of the child, one of the adoptive parents has the right to be absent for 14 weeks after the death of the child.

§ 14. If the child is hospitalized, the period shall be extended or postponed the period during which there is a right to be absent.

Paragraph 2. If the work is not resumed during submission, the period during which there is a right to be absent shall be extended for the period of admission, provided that the collection takes place during the first 46 weeks of birth or receipt. However, the absence may be extended for three months. The right to extend the period of absence shall not apply to the right to the parent to be absent after paragraph 7 (3). 3, or the right of adopters to concurrent absence after paragraph 8 (3). Six and eight.

Paragraph 3. If the work continues or resumed at the time of the presentation, the right to the absence of the remaining period shall be suspended until after the letter is released. It is a condition that the letter will take place within 60 weeks of birth or receipt.

The obligation to notify employers of the use of the right to be unpaid shall be paid to employers,

§ 15. A female salary consignee shall inform the employer of the expected birth date of 3 months and whether she intends to take advantage of the right to be absent before birth, cf. Section 6 (2). 1.

Paragraph 2. A female salary recipient who takes advantage of its right to be absent from the first 14 weeks after birth, cf. Section 7 (2). 1, within 8 weeks of birth, notify its employer of the time she will resume the work.

Paragraph 3. A male employee who wishes to take advantage of his right to be absent after birth, cf. Section 7 (2). 3, not later than four weeks before the expected start of the absence, inform the employer and the length of the absence.

Paragraph 4. A salary recipient who wants to take advantage of his right to parental leave, cf. sections 9 and 10 shall, within eight weeks of birth or receipt of the child, notify its employer at the time of departure and of the length of the absence. Where the right of absence is borne in such a way that the absence of the pay recipient falls for several periods, the notification shall include the beginning and the length of later absence.

Paragraph 5. In the absence of section 8, adopts shall, as far as possible, be observed in accordance with the provisions laid down in paragraph 1. 1-4 deadlines.

Paragraph 6. A salary receiver taking advantage of its right to be absent because the child is hospitalized in the first 46 weeks of birth or reception in the home, cf. Section 14, without undue delay, inform his employer of the submission. Parents have to inform their employers, without undue delay, when the child has been received at home after the submission. If the child is received before the notice is given in accordance with paragraph 1, Two-five, by the time the child has been admitted, the time limit shall be extended. If the child is received after paragraph 1 is given notice. Two-five lapses into disclosed omens, and a new one must be reheated within two weeks of the receipt.

Paragraph 7. A parent who enters the mother's right to be absent after paragraph 7, paragraph 7, shall be as a parent. 2, or Section 8 (3). 8, without undue delay, inform his employer and the length of the absence.

§ 16. A wage earreceiver who wishes to postpone between 8 and 13 weeks of parental leave, cf. Section 11 shall inform the employer thereof no later than eight weeks after birth or receipt of the child.

Paragraph 2. An employed person who wants to take advantage of the right to take a leave of absence, which is postponed after paragraph 11, shall inform the employer of the age of 16 weeks of notification and of the length of the time of such absence. If the pay consignee does not inaugurate his absence in a timely manner, the absence of the right shall not be used until the end of the notice has expired.

§ 17. The holder of the beneficiary shall be entitled to change the use of the absence of absence on notification before the end of the period of notice after paragraph 15 (5). 1-5, and section 16. The holder of the beneficiary shall be entitled to change the use of the absence of absence, if any circumstances that make it unreasonable to maintain the absence of the warning are being made to the right of the alert.

Chapter 5

The right to maternity benefits during pregnancy, childbirth and adoption, etc.

§ 18. The employer shall pay daily allowances during the absence of the work due to pre-emptive pregnancy studies, cf. Section 6 (2). 3. The provision shall not apply to the extent a duty of the employer to pay dipaid benefits or other appropriate benefits from collective bargaining which, as a minimum, corresponds to the provisions of Directive No 1. Regulation 92/85/EEC on the implementation of measures to improve safety and health at work for workers who are pregnant, who have recently given birth or are breastfeeding.

§ 19. For persons meeting the conditions for the right to maternity benefits, including the employment requirement in section 27 or for self-employed persons in section 28, the municipality pays maternity benefits in accordance with the rules of this Chapter during absence in linked to pregnancy, birth and adoption.

20. In absence of section 6 (4), 1 and 2, and sections 7, 8, 13 and 14 the municipality shall pay maternity benefits calculated according to chapter 9.

Paragraph 2. In the case of the payment of benefits in the absence of section 6 (2), 2, no. 1, the municipality shall search and follow up Chapter 6 in the Act of Medicare Benefits.

§ 21. In the absence of parental leave, cf. sections 9 and 10, the parents have combined the right to maternity benefits calculated in accordance with Chapter 9 of 32 weeks until 46 weeks after birth or receipt of the child.

Paragraph 2. If the absence of an extension is extended after paragraph 10, the daily payment shall be disburgable when, in total, maternity benefits have been paid to the parents without a reduction in accordance with paragraph 1. Three in 32 weeks.

Paragraph 3. However, if the parents ask the municipality to be able to pay maternity benefits during absences, however, after paragraph 10 is extended so that they are paid for 40 weeks, the weekly financial amount calculated in accordance with Chapter 9 shall be reduced so that the daily payment of the daily allowance is reduced, up to a maximum amount equal to full maternity benefits for 32 weeks. In the case of employees employed and self-employed, maternity benefits may be paid for maternity benefits under parental leave, so that they are paid for 46 weeks.

Paragraph 4. The reduction of paragraph 1. 3, which must include maternity benefits for both parents, from the time the parents request the municipality and be allocated to the remaining extracted daily financial period.

Paragraph 5. After the disbursement of the reduced maternity benefits has begun, parents have no room for wholly or partially to resume work with the effect that the maternity benefits that is not being exploited will be used later after section 23.

Paragraph 6. The Minister for Family and Consumer Affairs may lay down detailed rules for the right to day money after paragraph 1. 1, when only one of the parents is covered by Danish legislation on social security.

§ 22. Wage earners and self-employed persons may resume working in whole or in part of the periods in which the period of maternity benefits is entitled under section 20 and 21. However, this does not apply to a mother in the first two weeks of birth.

Paragraph 2. Maternity benefits are not paid for weeks in which the work has been resumed at full time.

Paragraph 3. The Minister for Family and Consumer Affairs lays down rules for the payment of maternity benefits for weeks in which the work has been resumed in part.

-23. In part, in the case of a partial resumption of the work in absence after paragraph 7, section 8 (8) 6 and 8, and section 9, the right to maternity benefits, to the extent that this is not used by the other parent, may be extended by the time in which the work has been resumed and due in subsequent absence, cf. however, section 21 (1). 5.

Paragraph 2. In the case of resumption or inception of work during absence, after paragraph 9, the right to maternity benefits may be postponed to the extent that this is not used by the other parent, delayed by the time when the work has been resumed and shall be paid in subsequent absence, cf. however, section 21 (1). 5.

Paragraph 3. The right to maternity benefits during subsequent absence shall be subject to the fact that the daily allowance is met the employment requirement in section 27 or section 28 when the grant of leave is to be held.

Paragraph 4. The right to maternity benefits during subsequent absence is further conditional on the applicant ' s employment immediately prior to the period of absence.

Paragraph 5. The right to maternity benefits during subsequent absence lapses when the child is nine years old.

§ 24. The Minister for Family and Consumer Affairs can lay down more detailed rules for the right of daily allowances after section 18-23, including rules on how maternity benefits are shared between the child's parents.

The revenues of the right to vacation time under maternity leave

§ 25. When maternity benefits are paid during the absence of section 7 (2), One or two, section 8. SIX, ONE. pkt., or § 8 (3). 8, earned the right to vacation time. The holiday payment shall be paid in the subsequent holiday year.

Paragraph 2. This right shall not apply to the extent to which the Member referred to in paragraph 1 shall apply. The right of period referred to above shall be :

1) pay during holiday and holiday adventions after the holiday laws, collective agreements, etc.,

2) holiday allowances after holiday laws, etc., which at least correspond to the daily allowance after paragraph 35, paragraph 1. 1, or

3) holiday allowance with the right to payment in the subsequent holiday year after the law on unemployment insurance and so on.

Paragraph 3. The employment requirement, cf. Article 27 shall apply by analogy to the payment of holiday allowance after this provision at the start of the spring break during the subsequent holiday year.

Paragraph 4. Section 33 (4). 1 and Section 35 shall apply mutatis mulations to the calculation of holiday use in accordance with this provision.

Paragraph 5. The Minister for Family and Consumer Affairs sets out more detailed rules on the right to earnings and the payment of holiday allowance.

Change to daily benefits in caring for seriously ill children

SECTION 26. Parents of serious sick children under the age of 18 have the right to benefits from the local authorities if they are, in whole or in part, giving up paid work or self-employed activities in their own business.

Paragraph 2. It is a condition that the child's disease is deemed to have a need for accommodates in a hospital or a similar institution for 12 days or more. Treatment or care in the home may be equable with residence in hospital if the child's needs in connection with the disease are speaking for it.

Paragraph 3. The requirement of paragraph 1. 2 in a period of 12 days or more shall not apply to hospital care for children of single parents who are entitled to an ordinary child allowance in accordance with section 2 (2). Paragraph 1 or 2, in the Act of Children's Supplements and the advance payments of child support payments.

Paragraph 4. The local authority may, in specific cases, decide that a higher daily allowance may be granted to the child's parents than in section 35 (5). 1.

Paragraph 5. A maximum of daily allowances may be granted in accordance with paragraph 1. 1 for 52 weeks in the preceding 18 calendar months.

Paragraph 6. The Minister for Family and Consumer Affairs sets out more detailed rules on the conditions for the payment of benefits to parents with serious sick children under the age of 18, including rules on how the daily money is distributed between the child's parents.

Chapter 6

Employment requirements

§ 27. A salary receiver is entitled to maternity benefits from the municipality when the person concerned

1) has been associated with the labour market uninterrupted in the last 13 weeks before the beginning of the period and during this period have been employed for at least 120 hours ;

2) they would have been eligible for unemployment benefits or a benefit which is to replace it, cf. law on unemployment insurance, etc., if there were not a right to a day's money after that law,

3) in the course of the last month, a vocational training of at least 18 months has been completed ; or

4) is a student in a paid internship in an education regulated by law or under law.

Paragraph 2. In the calculation of the 13-week period referred to in paragraph 1. 1, no. 1, enter periods in which the recipient has

1) the work of a salary receiver,

2) work as self-employed persons immediately prior to the work of earearing and having fulfilled the employment requirement in accordance with section 28,

3) received daily allowances in the case of sickness benefits or day money by that law ;

4) received unemployment benefits or a service that is to replace it ;

5) had a holiday with pay or holiday compensation,

6) Received compensation in a notice period from the Payday Received Guarantee Fund, or

7) been covered by a work dispute.

Paragraph 3. In the assessment of the employment requirement in accordance with paragraph 1. 1 have been fulfilled, disregarded from periods of up to a year in which the orc is disbursed in accordance with law on child care law, which is also disregarded from periods of up to two years, where the social service has been reimbursed for lost time ; in the case of caring for a disabled child in the home or in accordance with the same law, remuneration for the care of dying or after the same law has been paid to parents with serious sick children.

§ 28. The right to maternity benefits for an independent contractor is subject to the fact that in the last 12 months there have been self-employed activities for at least half of the normal contractual weekly working hours for not less than 6 months ; of which the last month prior to the absence of such absence. If the self-employed person has been engaged in less than six months, periods of prior employment shall be counted as a salary receiver.

Paragraph 2. In the assessment of the employment requirement in accordance with paragraph 1. 1 have been fulfilled, disregarded from periods of up to a year in which the orc is disbursed in accordance with law on child care law, which is also disregarded from periods of up to two years, where the social service has been reimbursed for lost time ; in the case of caring for a disabled child in the home or in accordance with the same law, remuneration for the care of dying or after the same law has been paid to parents with serious sick children.

§ 29. The conditions for payment of maternity benefits are that the employment requirement in section 27 or the employment requirement in section 28 is met at the start of a period of absence.

Paragraph 2. However, maternity benefits may be paid from the date on which a person after the period of departure meets the employment requirements referred to in section 27 (2). 1, no. 2.

Paragraph 3. Where the employment requirement is to be discharged in accordance with paragraph 1, Paragraph 1 shall be taken into account where a woman due to the special nature of the work crew has had to cease its work within four weeks of birth or after a medical evaluation deemed necessary for the woman to be spared for work.

Paragraph 4. The terms of paragraph 1. Paragraph 1 shall not apply to the payment of benefits during pre-emptive pregnancy studies after Section 18.

Chapter 7

The daily money justifies the application for maternity benefits

-$30. At the request for maternity benefits, after 20 in connection with absence, before 4 weeks prior to the expected birth, cf. Section 6 (2). 2, must be reported and documented to the municipality according to the rules of the sickness benefits section § § 38 and 39 for employees and in accordance with the rules of the sickness benefits section § § 43 and 44 for self-employed persons.

Paragraph 2. The request for maternity benefits in accordance with section 20 to 23 shall be lodged at the local authority no later than eight weeks after the birth or the child ' s receipt. If a period of absence is initiated at a later date, the request for maternity / paternity benefit must be submitted within eight weeks of 1. absence day during this period.

Paragraph 3. If the employer has paid the salary during the absence, the pay-holder ' s request for maternity benefits shall be submitted to the municipality no later than eight weeks after the payment of the salary from the employer has been discharged.

Paragraph 4. The request has been submitted in accordance with paragraph 1. 2 and 3, the entitlement to maternity benefits shall be suspended for the period prior to the request.

Paragraph 5. The Minister for Family and Consumer Affairs may lay down detailed rules on the application of paragraph 1. 2 must be submitted.

§ 31. Requests for daily allowances by caring for serious sick children after section 26 must be submitted to the municipality within 1 week after the child is well. A request for a day's change after paragraph 26 (5). 3 and 4 shall be submitted no later than 1 week after the child has been discharged from the hospital or similar treatment facilities.

Paragraph 2. The Minister for Family and Consumer Affairs may lay down detailed rules on the application of paragraph 1. 1 shall be submitted.

Chapter 8

The calculation basis for maternity benefits

§ 32. Maternity benefits are provided on the basis of wage income and other revenue that replaces wage income, cf. paragraph 2, and self-employed business.

Paragraph 2. The Minister for Family and Consumer Affairs lays down rules on the revenue to be paid for payroll revenue and the revenue to be taken into independent business income and on the calculation of maternity benefits on the basis of : the employment profits of self-employed activities, including the use of revenue information from the tax administration.

§ 33. The maternity benefits for wage earners who are absent are calculated on the basis of the weekly hours and the hourly rate which the recipient would have had during the payment of labour market contributions. If this income in the individual case is not suitable for the calculation of maternity benefits, instead the average earnings within the last four weeks before the beginning of the year.

Paragraph 2. The Minister for Family and Consumer Affairs lays down rules on,

1) in which case the average revenue within the last four weeks may be used, cf. paragraph 1,

2) in which case the use of the calculation periods may be used other than those laid down in paragraph 1. 1, and

3) the rules laid down in paragraph 1 Rule 35 (1) and 35 (3) 1 may be deviated from earning earners ' s working time.

Paragraph 3. The Minister for Family and Consumer Affairs lays down rules for the payment of maternity benefits for weeks in which the work has been resumed in part.

§ 34. Maternity benefits for people in flex jobs, cf. Chapter 13 of the Act of Active Action for Employment, shall be calculated on the basis of the hour times the time-profit which is laid down for the calculation of the municipality ' s allowance to the employer.

Chapter 9

Size of the maternity benefits

$35. Maternity benefits for wage earners after section 33 cannot be more than 3.332 kr. per week and no more pr. Hourly than this amount divided by normal contractual weekly working time.

Paragraph 2. Unless otherwise stated, maternity benefits are paid to employees after a five-day week of equal shares per. Day.

§ 36. Maternity benefits for a free member of a recognised unemployment rate shall be the same amount that person may have received in unemployment benefits if the person concerned had not received a daily allowance after that law.

§ 37. Maternity benefits for self-employed persons can per week shall not amount to more than the amount referred to in section 35 (3). Where a voluntary insurance is drawn in accordance with Chapter 16 of the Social Protection Act, maternity benefits shall be at least 2/3 of the amount referred to in section 35 (5). 1.

Paragraph 2. Maternity benefits are paid to self-employed persons after a five-day week from Monday to Friday, with equal shares per year. Day.

Paragraph 3. The Minister for Family and Consumer Affairs lays down rules for the payment of maternity benefits for weeks in which the work has been resumed in part.

Adjustment of maternity benefits amounts

§ 38. The amount of the daily allowance referred to in section 35 (3). 1, regulated once a year per year. the first Monday of January with the rate regulator, cf. Act of a rate adjustment percentage. The amount of the regulated amount will be rounded to the nearest entire chronosum that can be shared with five. The amount of the sum derived shall form the basis of the year of the year's satrative regulation.

Chapter 10

Reimbursement and funding, etc.

Employed 'right to reimbursement of maternity benefits'

§ 39. An employer who pays wages in the absence of the work shall be entitled to receive the maternity benefits paid by the person who otherwise would have the right to the same working relationship, but not more than an amount equal to the paid compensation ; wage under the absence.

Paragraph 2. If the salary is paid in the absence of a number of employers, the maternity benefits will be shared between employers in relation to the benefits paid to each working relationship.

Paragraph 3. An employer who pays wages in the absence of section 6 (2). 2, in order to be able to make a claim for reimbursement, apply, cf. § 40, paragraph. 2, notification of the absence of the employee ' s residence munie by four weeks after 1. absence day.

Notification of reimbursement requirements

§ 40. An employer who, after paragraph 39, is eligible for reimbursement of maternity benefits, must notify the reimbursement requirement for the employee residence municipality.

Paragraph 2. The employer ' s request for reimbursement of pay paid in connection with absence before 4 weeks prior to the expected birth, cf. Section 6 (2). The provisions of Chapter 22 in the Act of Medicare shall be made in accordance with Chapter 22.

Paragraph 3. The employer ' s request for reimbursement of pay paid in connection with the absence, by the way, due to pregnancy, maternity and adoption in accordance with section 20 to 23 must be submitted to the municipality no later than eight weeks after the end of an oro-period. Where a request is submitted after this period, the entitlement to the refund shall be suspended for this period.

Paragraph 4. A term of the term shall be deemed to have expired when a week has not been absent, justifying the reimbursement.

Paragraph 5. The employer ' s request for reimbursement of benefits paid after paragraph 26 shall be submitted to the municipality within the time limits for the application specified in section 31.

Paragraph 6. No refund shall be granted for the payment or daily allowance paid in connection with the absence of preventive pregnancy tests, cf. § 18.

Paragraph 7. In notification of reimbursement requirements, the recipient shall confirm the absence and paid wages.

Paragraph 8. The acknowledgement of the employer ' s information may be discervised when, for reasons of exceptional reasons, the employer and the employer provide for the other satisfactory absence or claim on reimbursement.

Niner. 9. The Minister for Family and Consumer Affairs may lay down detailed rules on the way in which the employer ' s reimbursement claims are to be declared to the municipality.

Funding

§ 41. There is no refund of expenses paid to day money after Section 18.

§ 42. The government is holding 100%. of the municipality ' s expenditure pursuant to this law, cf. however, paragraph 1 2.

Paragraph 2. The government is holding 50%. of the municipality ' s expenditure on a daily basis after paragraph 26.

§ 43. The State shall grant the repayment of a municipality's reimbursements eligible for expenditure under this law.

Chapter 11

Contributions to the Labor Market's Supplementary Pension

§ 44. In the case of disbursement of benefits from the municipalities following this Act of Proper 16-66 years, the contribution set out in accordance with paragraph 15 (3) shall be paid twice. 1, in conjunction with § 2 a and section 4 a of the Work market's Supplementary Pension Act. No contribution shall be made when the person has chosen to pay the supplementary pension from the 65. Years or later.

Paragraph 2. The detailed rules for the calculation of the contribution shall be determined by the Management Board of the Labor Market's Supplementary Pension in accordance with the principles set out in section 15 of the Work market's Supplementary Pension.

Paragraph 3. Pay consignee shall pay 1/3 of the contribution, while 2/3 is paid by the municipality.

Paragraph 4. Communing paid contributions by municipalities calculated will be rounded to the nearest entire chronosum. The municipality's contribution of the contribution is double that.

Paragraph 5. The contribution of the holder of the contribution shall be held at the time payment of payment.

§ 45. The municipality's payment to the occupational pension for the labour market is covered by a contribution from the employer. The municipality's expenditure on payment in accordance with section 44 (2). Three, to be borne by the state.

Paragraph 2. The employer contribution shall be calculated in proportion to the number of employees who receive maternity benefits from the municipality.

Paragraph 3. Employers ' financing contributions shall be paid together with the employers ' contributions to cover the municipality ' s payment to the occupational pension fund ' s allowance for sickness benefits in accordance with the rules on sickness benefits in the Danish Social Policy.

§ 46. In the payment of daily allowances after Article 18 from employers during the absence of preventive pregnancy studies, payments shall be made to the occupational retirement pension ' s contribution according to the rules laid down in Chapter 26 of the Social Security allowance.

§ 47. In the case of payment of benefits under this law, a particular pension fund shall be paid for in Article 17 (f), 3, in the Act of the Labor Market's Supplementary Pension.

Paragraph 2. The local authority or employer shall deprive the savings of the calculated daily allowance for the payment of the amount payable to the occupational pension allowance after each quarter expired. Each amount of 1 week shall be nectooted to the nearest whole amount of the crown.

Paragraph 3. The Minister for family and consumer matters shall lay down, by the recommendation of the Management Board of the Labor Market's Supplementary Pension, detailed rules for the payment of the amount in accordance with paragraph 1. 1 and 2 and report on this to the occupational pension allowance, including that the amount withheld by the employer shall be regarded as and deposited and reported, together with contributions after paragraph 65 (3). One, in the law of sickness benefits.

Chapter 12

Administration and so on

§ 48. The municipality shall decide on the right to maternity benefits, cf. the rules on the rules on residence and action in Chapter 3 in the law on legal security and administration in the social field.

Paragraph 2. The Minister for Family and Consumer Affairs sets out rules on which municipality has the duty to act in cases of maternity benefits for people with residence or residence abroad.

§ 49. Persons receiving benefits under this law shall inform the employer of changes in their circumstances or other circumstances which may result in a change in or waste of the day, including the opportunity for the employer to receive ; Reimbursement.

Paragraph 2. A person who has disregarded the obligation to provide information under paragraph 1. 1 or in accordance with section 11 of the law of legal security and administration in the social field, or, by the way, against better-aware who have received benefits under this law, shall reimburseth the amount received unjustifiable.

Paragraph 3. Repayment amounts shall be collected by the municipality according to the rules laid down by the Minister for Family and Consumer Affairs in consultation with the tax minister.

Paragraph 4. Requirements for the repayment of paid benefits under this law may be offset in the provision of benefits under the law.

$50. Requirements for benefits under this law may not be the subject of a draft or other legal proceedings unless it has been held for three months from the date on which the payment could be paid. Agreements of such requirements are invalid.

§ 51. The payment of maternity benefits shall end in the case of a person who, following court ruling or administrative decision, is deprived of freedom. If, in the ordinary labour market with the permission of the Department of Corrective Services, there is a right to maternity benefits, in accordance with the general rules.

Paragraph 2. The Department of Corrections shall notify the local authority if a maternity benefits beneficiary is subject to impunity or other deprivation of other deprivation measures, including pre-imprisonment.

§ 52. The Maternity benefits payment shall end in the case of a person who is deliberately evaporating this country in the event of a person who is deliberately evaporating this country, where :

1) the person concerned is in custody,

2) the police are after the person concerned with a view to the detention or detention period, or

3) there is a detention order.

Paragraph 2. The daily allowance shall also end for a person who is deliberately evading the penalty in this country if the person concerned is sentenced to an unqualified prison sentence or other criminal legal proceedings that imply or provide the possibility for : It's a detention exercise.

Paragraph 3. When the police or criminal sorrow is given a rethink that a person who deliberately evades prosecution in accordance with the following sentence shall be given to the police or criminal prosecution. paragraph 1, or sentencing, cf. paragraph 2, concurrently receiving maternity benefits, the municipality shall be informed of the evasion.

§ 53. Follow-up a criminal prosecution, cf. § 52, paragraph. 1, not of a conviction, the municipality shall pay maternity benefits for the period in which the person was deprived or evaded criminal prosecution. However, the daily payment shall not be paid to the estate of the deceased, if the person is to be sentenced to death before a verdict is passed on the case.

Chapter 13

Storage egers

§ 54. The municipality's decision on the right to maternity benefits can until 31. In December 2006, the social name shall be made, cf. Chapter 10 of the law on legal security and administration in the social field.

Paragraph 2. From the 1. In January 2007, the municipality ' s decision on the right to maternity benefits may be submitted for the Employment Board of Employment, cf. Chapter 8 of the active employment service and the management of the active employment service. The complaint shall be treated in accordance with the rules laid down in Chapter 10 of the Law on Legal and Social Management in the social sphere.

Paragraph 3. Patterners taking advantage of their right to be absent in accordance with Chapter 4 are covered by the protection provisions applicable in the law on equal treatment between men and women in respect of employment and so on.

Chapter 14

Entry into force and transitional provisions

§ 55. The law shall enter into force on the third. July 2006.

Paragraph 2. § 11, section 12, paragraph 12. 1, sections 13, 14, 15, 16, 16 a, 17, 18, 19 and 19 (a) on day benefits of sickness or birth, cf. Law Order no. 1047 of 28. October 2004, repealed, cf. however, section 56 (3). 3.

§ 56. In the case of periods of time spent on a daily basis, following this Act, periods of time when the entry into force of the law has been paid out during pregnancy, maternity and adoption, and by caring for seriously ill children after the law of unemployment benefits in sickness, or birth.

Paragraph 2. In the calculation of the employment periods, after sections 27 and 28 are included in employment that are before the entry into force of the law.

Paragraph 3. For the period of absence, where 1. absence day is before the 3rd. July 2006, and where the absence continues to date, the applicable rules have been applied to date.

Paragraph 4. The rate adjustment after section 64 of the maternity benefits amount referred to in section 35 (3). 1 shall take place on the first Monday of January 2007 on the basis of the rate per year. 1. January 2006 for unemployment benefits.

§ § 57. -59. (Excluded)

§ 60. The law does not apply to the Faroe Islands and Greenland.


Law No 566 of 9. June 2006 on the right to leave and daily allowances at maternity (maternity leave), which contains a change in section 49, contains the following effective provision :

§ 167

Paragraph 1. The law shall enter into force on 1. -January, 2009,

Paragraph 2. -...


Law No 566 of 9. June 2006 on the right to leave and benefits of maternity leave (maternity leave), which changes the provisions of the Act of Article 8 (8). 8, section 12, paragraph 12. 2, section 13 (3). Paragraph 14, paragraph 14. Two, section 15, paragraph. 7, section 23, paragraph. Paragraph 25, paragraph 1. 1, contains the following effective provision :

§ 6

Paragraph 1. The law shall enter into force on 1. October 2009.

Paragraph 2. -§ 8, paragraph 1. 8, section 12, paragraph 12. 2, section 13 (3). Paragraph 14, paragraph 14. TWO, THREE. pkt., section 15, paragraph 1. 7, section 23, paragraph. Paragraph 1, and section 25 (1). 1, in the right to leave and daily allowances at maternity (maternity leave) as amended by this Act's section 4, shall enter into force on 1. July, 2009.

The Ministry of Employment, the 131. November 2009Inger Stskberg / Lise Fangel
Official notes

1) The law provides for implementing Article 8 and Article 9 of Council Directive no. 92 /85/EEC of 19. In October 1992, the implementation of measures to improve safety and health at work for workers who are pregnant, who have just given birth, or are breastfeeding. In addition, the law contains provisions implementing Article 2 (2). 1, in the framework agreement on parental leave, which is concluded by UNICE, CEEP and EFS, and which shall be implemented in accordance with Council Directive 96 /34/EC of 3. June 1996.