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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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=127421

Overview (table of contents) Chapter 1 Purpose

Chapter 2 the definition of persons who are entitled to leave and maternity benefit in accordance with this law

Chapter 3 Stay and taxation in this country

Chapter 4 the right to absence in connection with pregnancy, childbirth and adoption

Chapter 5 entitled to maternity benefit during absence in connection with pregnancy, childbirth and adoption, etc.

Chapter 6 Employment requirements

Chapter 7 The per diem's application for maternity benefit

Chapter 8 the basis for the calculation of maternity benefit

Chapter 9 Barseldagpengenes size

Chapter 10 Reimbursement and funding, etc.

Chapter 11 contributions to the arbejdsmarkedets tillægspension

Chapter 12 Management, etc.

Chapter 13 Complaint rules

Chapter 14 entry into force and transitional provisions the full text announcement of law on the right to leave and daily allowance in the event of childbirth (maternity law) 1)

Hereby promulgated Act No. 566 of 9. June 2006 concerning the right to leave and daily allowance in the event of childbirth (maternity law) with the changes imposed by section 7 of the Act No. 1336 of 19. December 2008 and section 4 of Act No. 494 of 12. June 2009.

Chapter 1

Purpose

§ 1. The purpose of this law is to ensure parents the right to absence in connection with pregnancy, childbirth and adoption and to ensure parents with attachment to the labour market the right to maternity benefit during absence in connection with pregnancy, childbirth and adoption, etc.

Chapter 2

The delimitation of the categories of who is entitled to the leave and maternity benefit in accordance with this law

§ 2. Right to absence after this law include all parents.

(2). Daily subsistence allowance after this law takes the form of maternity benefit for salaried workers and self-employed persons.

(3). It is a condition for entitlement to maternity benefit for persons, as referred to in paragraph 2, the person meet the employment requirement under section 27 for salaried employees or section 28 for self-employed persons.

(4). Maternity benefit, as wage earners are entitled to in accordance with paragraphs 2 and 3, may be paid to employers who have paid wages during the absence of the basic regulation. § 39, paragraph 1.

(5). The Minister for family and Consumer Affairs sets out special rules about motherhood to seafarers.

Chapter 3

Stay and taxation in this country

§ 3. Right to maternity benefit is subject to the condition that the person at the absence period legally resident here in the country or in accordance with EC Regulation nr. 1408/71 of 14. June 1971 on the application of social security schemes to employed or self-employed persons and members of their families moving within the community, are subject to the Danish legislation on social security.

(2). Motherhood can may be provided during the stay abroad to a person who is issued by an employer with a registered office in this country for employment for a period not exceeding 1 year abroad, when the broadcast of the income may be taxed in Denmark.

(3). Maternity benefit may also be paid to a person who, in the absence period staying abroad for a period of time, as that pursuant to section 27 (3), or section 28, paragraph 2, except for when assessing whether the employment requirement is complied with.

(4). Persons, who after an international agreement on social security is subject to the Danish legislation on social security, has the right to maternity benefit, even though they did not stay in this country.

(5). A person who, at the start of a period of absence are entitled to maternity benefit in accordance with paragraphs 1 to 4, retain the right to maternity benefit for the remainder of this period, regardless of where the person is staying.

§ 4. Right to maternity benefit shall be subject to the income that is included in the basis for Chapter 8, may be taxed in Denmark.

(2). Maternity benefit may, however, be paid to persons whose income not covered by paragraph 1, when

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

2) concerned does not have or no longer has the right to maternity benefit or other compensation for any loss of income, in accordance with the law of the Faroe Islands and Greenland and, incidentally, have either stay here in the country or have stay in Greenland or on the Faroe Islands and the income obtained in employment in this country or on Danish ship.

(3). Persons of the EC Regulation No 40/94. 1408/71 is subject to the Danish legislation on social security, has the right to maternity benefit, even though their income covered by paragraph 1 cannot be taxed in Denmark.

(4). Persons, who after an international agreement on social security is subject to the Danish legislation on social security, has the right to maternity benefit, even though their income covered by paragraph 1 cannot be taxed in Denmark.

(5). Get someone who has the right to maternity benefit in accordance with this law, paid wages from a foreign employer in connection with pregnancy, childbirth and adoption, the employer has the right to reimbursement of maternity benefit, see. § 39.

§ 5. Persons with stay in this country or income subject to section 4, paragraph 1, may not obtain maternity benefit if they are after another country's law or the law of the Faroe Islands or Greenland are entitled to a daily allowance or other compensation for loss of income or the EC Regulation 1408/71 is subject to the legislation of another Member State on social security.

Chapter 4

The right to leave in connection with pregnancy, childbirth and adoption

Right to absence during pregnancy

§ 6. A woman has the right to absence from work due to pregnancy, when there is estimated to be 4 weeks to birth.

(2). A pregnant woman is eligible for a absences within the 4-week period before birth if

1) after a medical assessment is estimated that pregnancy has a morbidly gradient that with continued employment will result in risk to woman's health or the fetus, or

2) special character of work would result in a risk to the fetus or pregnancy due to public administrative provisions prevents her from performing his work and the employer is unable to offer her other suitable employment.

(3). A woman has the right to absence from work in connection with pregnancy prevention studies, when these must take place during working hours.

The right to leave in the first 14 weeks after the birth

§ 7. A parent has the right and the obligation to leave in the first 2 weeks after a birth. Then she has the right to absences for a further 12 weeks.

(2). The father joins the mother's entitlement to absence in accordance with paragraph 1, if the mother dies, or due to illness will be unable to care for the child.

(3). A father has the right to leave in 2 consecutive weeks after the birth or upon receipt of the child in the home or by agreement with the employer within the first 14 weeks after the birth.

Adoptanters right to absence in connection with an adoption

§ 8. Prospective adopters residing abroad in order to receive a child has every right to absence from work for up to 4 weeks before the reception of the child. The right to absence may be extended for up to four weeks, if the stay abroad prior to receipt of the child will be longer than 4 weeks for reasons not attributable to the prospective adopters.

(2). The child shall be deemed to have been received when the formal conditions to travel home with the child are fulfilled.

(3). It is a condition for entitlement to absence in accordance with paragraph 1, that there is talk about an adoption, which is mediated by an organization approved under the adoption Act, or a private foreign adoptions carried out after authorisation from the Department of family affairs.

(4). To future adopters, who will receive a foster child in Denmark, there is entitlement to absence for up to 1 week before the reception of the child, if the child has not already stay in adopters home. It is a prerequisite that the adoptive parents in the interests of the child is staying at the place where the child is located, before receipt. The right to absence may be extended for up to 1 week, if your stay will be longer than 1 week, for reasons that are not attributable to the prospective adopters.

(5). When the adoption undersøgende authorities have determined that the adoptee or one of the adoptive spouses in a period must be in the home, parents have the right to absence after paragraphs 6 and 7.

(6). In the first 14 weeks after receipt of the child has one of the adoptive parents the right to absence at a time other than the right to leave in 2 consecutive weeks, simultaneously. The right to absences under paragraph 7 can begin within the first 14 weeks after the reception of the child.

(7). After the 14. week after receipt of the child has the right to absence from work during the adopters parents leave in accordance with sections 9 and 10.

(8). By stedbarns adoption of a registered partner's child has the adoptee the right to leave in 2 consecutive weeks after childbirth or after the receipt of the child in the home or by agreement with the employer within the first 14 weeks after the birth, when adoption has legal effects from the birth of the child. After the 14. week after the birth or the date of receipt of the child in the home has the adoptee the right to absence in accordance with sections 9 and 10. If the mother dies, or due to illness will be unable to care for the child, joins the adoptee in the mother's entitlement to absence under section 7 (1).

The right to absences during parental leave

§ 9. After the 14. week after the birth or the date of receipt of the child have each parent the right to parental leave in 32 weeks. The father, however, has the right to commence parental leave within the first 14 weeks after the birth.
§ 10. Each parent has the right to extend parental leave under section 9 from 32 weeks to 40 weeks. Employed workers and self-employed persons have a right to extend parental leave under section 9 from 32 weeks to 46 weeks.

The right to resume work and to postpone fraværsret

§ 11. Employees employees have the right to resume work and postpone at least 8 weeks and a maximum of 13 weeks of absence Court under section 9. The right to postpone the absences can only be used by one of the parents. The postponed absence must, when it is utilized, are kept in a continuous period. The deferred fraværsret must be used before the child fills the 9 years.

§ 12. By agreement with the employer, an employed earner resume work in whole or in part during the absence after sections 6-11 of the basic regulation. However, paragraph 5.

(2). In connection with the agreement on the partial resumption of work during the absence pursuant to section 7, section 8, paragraphs 6 and 8, and section 9, it is understood that the absence of the right shall be extended by the time in which the work has been resumed.

(3). In connection with the agreement on the resumption of work on a full-time basis during absence pursuant to section 9, it is understood that the absence, the Court deferred to the time in which the work has been resumed.

(4). Deferred fraværsret must be used before the child fills the 9 years. If an employee resigns before the deferred fraværsret are utilized, are right to absence subject to the condition that the employee signs an agreement with the new employer on the deferred fraværsret.

(5). The right to resume work in accordance with paragraph 1 shall not include the mother's absence in the first two weeks after birth.

Fraværsret in special cases

§ 13. If the child is stillborn, dies or gets away adopted before the 32. week after birth, the mother has the right to leave in the 14 weeks after the child's death, or is lost, the adoption. In cases where the mother is suffering from a pregnancy-related illness, extended absence the Court, up to a maximum of up to 46 weeks after birth. The child is stillborn, or die in the 32. week after birth, the father retains the right to absence under section 7, paragraph 3. Corresponding retains the registered partner, there have stedbarns adopted the child, the right to absence under section 8, paragraph 8, 1. section, if the child is stillborn or dies before the 32. week after birth.

(2). If an adopted child dies before the 32. week after receipt of the child, has one of the adoption-seeking parents the right to absence in the 14 weeks after the child's death.

§ 14. If the child is admitted to the hospital, be extended or expose the period during which there is entitlement to absence.

(2). If work is not resumed at admission, extended the period in which there is entitlement to absence, with admission period, if the admission takes place during the first 46 weeks after delivery or receipt. The Court may, however, be extended to a maximum of absence for 3 months. The right to extend the absence period does not apply to the parents ' right to absence under section 7, paragraph 3, or adoptanters right to simultaneously absence pursuant to section 8, paragraphs 6 and 8.

(3). If the work be continued or resumed at admission, exposed the right to absence for the remaining period to after discharge. It is a condition that the discharge takes place within 60 weeks from birth or receipt.

Employees obliged to inform employers about the exploitation of the rights of the absence

§ 15. A female employee with 3 months notice must inform the employer about the expected date of birth, and if she intends to exploit the right to absences before birth, see. section 6 (1).

(2). A female employee who takes advantage of his or her right to leave in the first 14 weeks after the birth, see. section 7, paragraph 1, shall be submitted within 8 weeks after giving birth to inform his employer about when she will resume work.

(3). A male employee, who wishes to exercise his right to absence after giving birth, see. section 7, paragraph 3, shall, not later than 4 weeks before the expected start of absence must notify the employer thereof and of the length of the absence.

(4). An employee who wishes to exercise his right to parental leave, without prejudice. sections 9 and 10, shall be submitted within 8 weeks after the birth or the date of receipt of the child inform his employer about the time of the beginning and on the length of absence thereof. In the event of absence, the Court held, therefore, that the employee's absence falls into several periods, notification must include the start and length of absence later.

(5). By absence under section 8 shall, as far as possible, observe deadlines adopters equivalent to those referred to in paragraphs 1 to 4 periods.

(6). An employee who takes advantage of his or her right to leave, because the child is admitted to the hospital within the first 46 weeks after delivery or receipt of the home, see. section 14, shall without undue delay inform his employer about the admission. The parents shall without undue delay notify their employers about when the child is received in the home after admission. If the child is received within a given notice in accordance with paragraphs 2 to 5 shall be extended the deadline for doing so by the time the child has been hospitalized. If your child arrives after that is given notice in accordance with paragraphs 2 to 5 shall be abolished, and that heralds the votes must be announced again within 2 weeks after receipt.

(7). A parent who joins the mother's entitlement to absence under section 7, paragraph 2, or article 8, paragraph 8, shall without undue delay inform his employer thereof and of the length of the absence.

§ 16. An employee who wishes to defer between 8 and 13 weeks of parental leave, without prejudice. section 11, shall notify the employer in writing within 8 weeks after the birth or the date of receipt of the child.

(2). An employed earner who wants to take advantage of the right to keep leave is deferred under section 11, with 16 weeks notice to inform the employer about when the absence begins, and on the length of it. If the employee does not foreshadow its absence in a timely manner, the court first absence can be exploited when it votes notice has expired.

§ 17. The employee has the right to modify the use of absence the Court, if the new notice is issued before the expiry of the time limit for the notice under section 15(3), 1-5, and section 16. The employee has the right to modify the use of absence the Court, if the circumstances occur, which makes it unreasonable to maintain absence Court as announced.

Chapter 5

Right to maternity benefit during absence in connection with pregnancy, childbirth and adoption, etc.

§ 18. The employer shall pay the per diem during absence from work owing to pregnancy prevention studies, see. section 6, paragraph 3. This provision shall not apply to the extent that an obligation on the employer to pay daily subsistence allowance or other appropriate performance consequences of the collective agreement, as a minimum, comply with the provisions of Directive No. 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding.

§ 19. To persons who satisfy the conditions for entitlement to maternity benefit, including employment requirement for employees in section 27 or for self-employed persons in section 28, the municipality shall pay the maternity benefit according to the rules laid down in this chapter under absence in connection with pregnancy, childbirth and adoption.

§ 20. By the absence pursuant to section 6 (1) and (2) and sections 7, 8, 13 and 14 shall be paid by the municipality of maternity benefit, calculated in accordance with Chapter 9.

(2). In connection with the payment of per diem allowances paid by the absence pursuant to section 6 (2). 1, making the municipality of visitation and follow-up in accordance with Chapter 6 of the law on sickness benefits.

§ 21. By the absence during parental leave, without prejudice. sections 9 and 10, have the parents together right to maternity benefit, calculated in accordance with Chapter 9 of 32 weeks to 46 weeks after delivery or receipt of the child.

(2). If the absence is extended under section 10, the daily subsistence allowance payment, when the total is paid maternity benefit to the parents without reduction in accordance with paragraph 3 of 32 weeks.

(3). If parents ask the municipality to this effect, the payment of maternity benefit during absence under section 10, however, should be extended, so that they will be paid in 40 weeks, the weekly daily allowance calculated in accordance with Chapter 9 shall be reduced so that the total per diem payment does not exceed an amount equal to the full maternity benefit in 32 weeks. For employed wage earners and the self-employed can payment of maternity benefit during parental leave is extended, so that they are paid out 46 weeks.

(4). The reduction in accordance with paragraph 3, which should include maternity benefit to both parents, is done from the time that the parents ask the municipality of, and is distributed on the remaining extensive daily allowance period.

(5). After payment of the reduced rate of maternity benefit is begun, the parents will not be able to resume work in whole or in part with the consequence that the maternity leave the right to unemployment benefits, which are not exploited, can later be utilized pursuant to section 23.

(6). The Minister for family and Consumer Affairs may lay down detailed rules concerning the right to a daily subsistence allowance under paragraph 1, when only one parent is subject to the Danish legislation on social security.

§ 22. Employees and self-employed persons can resume work in whole or in part in the periods for which there is entitlement to maternity benefit in accordance with §§ 20 and 21. However, this does not apply for a parent in the first two weeks after birth.

(2). No maternity benefit shall be paid for the weeks when work is resumed at full time.

(3). The Minister for family and Consumer Affairs, lays down rules for the payment of maternity benefit for weeks, in which the work is resumed partially.
§ 23. By the partial resumption of work during the absence pursuant to section 7, section 8, paragraphs 6 and 8, and section 9 may the right to maternity benefit, to the extent this is not used by the other parent shall be extended by the time in which the work has been resumed and are paid during subsequent absence, see. However, article 21, paragraph 5.

(2). At the resumption or commencement of work under absence under section 9 may the right to maternity benefit, to the extent this is not used by the other parent, be postponed to the time when work is resumed, and paid during subsequent absence, see. However, article 21, paragraph 5.

(3). Right to maternity benefit under the later absence is conditional on the recipient meeting the per diem employment requirement in section 27 or section 28, when the deferred leave of absence must be kept.

(4). Right to maternity benefit during the later's absence is also subject to the condition that the applicant is in employment immediately prior to the absence period.

(5). Right to maternity benefit during absence of the lapses when the child later takes up 9 years.

§ 24. The Minister for family and Consumer Affairs may lay down detailed rules concerning the right to receive unemployment benefit in accordance with §§ 18-23, including rules on how barseldagpengene are distributed between the child's parents.

Accrual of entitlement to holiday allowance during maternity leave

§ 25. When paid maternity benefit during absence under section 7 (1) or (2), article 8, paragraph 6, 1. paragraph, or section 8, paragraph 8, earned that right to holiday allowance. Holiday benefit shall be paid in the following ferieår.

(2). This right does not apply, to the extent that in the period referred to in paragraph 1 are earned the right to

1) salary during vacation and holiday allowance after the holidays, collective agreement, etc.,

2) holiday pay after the holidays, etc., as a minimum, equivalent to the daily subsistence allowance, under section 35, paragraph 1, or

3) holiday benefits with entitlement to payment in the following ferieår after the law on unemployment insurance, etc.

(3). Employment requirement, see. section 27 shall apply mutatis mutandis for the payment of vacation allowance after this provision at the start of the holidays in the following ferieår.

(4). section 33 (1), and section 35 shall apply mutatis mutandis for the purpose of calculating vacation allowance after this provision.

(5). The Minister for family and Consumer Affairs shall lay down detailed rules concerning the right to the earning and payment of holiday performance.

The right to receive unemployment benefit by taking care of seriously ill children

section 26. Parents with seriously ill children under the age of 18 years are entitled to a daily allowance from the municipality if they in connection with the child's illness totally or partially abandon the contract work or personal work in self-employment.

(2). It is a condition that the child's illness is estimated to result in need stay at hospital or similar institution in 12 days or more. Treatment or care in the home can be equated to stay at hospital, if the child's needs in connection with the disease speak for it.

(3). The requirement referred to in paragraph 2 for a sick period of 12 days or more shall not apply to hospital stays for children of single parents, who are entitled to the ordinary child allowance under section 2, nr. 1 or 2, of the Act on child allowances and advance payment of child support.

(4). The municipality may, in exceptional cases, may decide that the child's parents may be granted a higher allowance than provided for in section 35, paragraph 1.

(5). The maximum daily allowances shall be granted in accordance with paragraph 1 in 52 weeks within the preceding 18 calendar months.

(6). The Minister for family and Consumer Affairs shall lay down detailed rules on the conditions for the payment of per diem allowances paid to parents with seriously ill children under the age of 18, including rules on the operation of the daily subsistence allowance shall be allocated between the child's parents.

Chapter 6

Employment requirements

§ 27. An employee is entitled to maternity benefit from the municipality, if the party concerned is

1) have been associated with labour market continuously for the last 13 weeks before the absence period and during this period has been employed for at least 120 hours,

2) would have been entitled to unemployment benefit or a benefit in its stead, see. law on unemployment insurance, etc., if there had not been entitled to the daily subsistence allowance in accordance with this Act,

3) within the last month has completed an occupational training for at least 18 months or

4) is a student in a paid work placement in an education that is regulated by or pursuant to law.

(2). The materiality of the 13-week period referred to in paragraph 1, no. 1, included periods when the employee has

1) worked as an employee,

2) worked as a self-employed person immediately prior to working as an employee and with the company has fulfilled the requirement under section 28 of the employment

3) received daily subsistence allowance in accordance with the law on sickness benefits or per diems under this law,

4) received unemployment benefit or a benefit in its stead,

5) held paid leave or holiday pay,

6) received compensation in a notice period from employees ' guarantee fund or

7) benefited from a labour conflict.

(3). When assessing whether the employment requirement referred to in paragraph 1 are met, disregarding periods of up to 1 year, where paid leave benefit in accordance with the law on childcare leave. There is, moreover, aside from periods of up to 2 years after the Act on social services is granted compensation for loss of earnings by caring for a disabled child in the home or in accordance with the same law granted remuneration by taking care of dying or after this Act § 26 is granted per diem allowances paid to parents with seriously ill children.

section 28. Right to maternity benefit for a self-employed person is subject to the condition that, within the last 12 months have been engaged in self-employment for at least half of the normal contractual working week for at least 6 months, of which the last month prior to the absence. The self-employed have been engaged in less than 6 months, account shall be taken of periods of previous employment as an employee.

(2). When assessing whether the employment requirement referred to in paragraph 1 are met, disregarding periods of up to 1 year, where paid leave benefit in accordance with the law on childcare leave. There is, moreover, aside from periods of up to 2 years after the Act on social services is granted compensation for loss of earnings by caring for a disabled child in the home or in accordance with the same law granted remuneration by taking care of dying or after this Act § 26 is granted per diem allowances paid to parents with seriously ill children.

section 29. The condition for the payment of maternity benefit is that employment requirement in section 27 or employment requirement in section 28 is fulfilled at the beginning of a period of absence.

(2). There may, however, be paid maternity benefit from the time when a person after absence beginning meet the employment requirements referred to in section 27, paragraph 1, no. 2.

(3). By statement of claim in accordance with paragraph 1 shall be taken into account employment periods where a woman because of the special nature of the employment relationship has had to cease working before 4 weeks before birth or after a medical assessment is deemed necessary, the woman was spared the work.

(4). The conditions laid down in paragraph 1 shall not apply to the payment of a daily allowance during pregnancy preventive examinations under section 18.

Chapter 7

The per diem's application for maternity benefit

section 30. By request for maternity benefit under section 20 in connection with absences before 4 weeks before expected birth, see. section 6, paragraph 2, should be reported and documented over the absence of the municipality in accordance with the provisions of sections 38 and 39 dagpengelovens ill for employees and according to the rules in sections 43 and 44 dagpengelovens sick of self.

(2). Request for maternity benefit in accordance with §§ 20-23, moreover, must be submitted to the municipality no later than 8 weeks after the birth or the child's reception. The commencement of a period of absence at a later time request for maternity benefit shall be submitted not later than 8 weeks after the 1. day of absence during this period.

(3). Has the employer paid wages during absences, employee's request for maternity benefit after termination of payment of wages shall be submitted to the municipality no later than 8 weeks after payment of salary from the employer has ceased.

(4). The request is filed after the time limit laid down in paragraphs 2 and 3, repealed the right to maternity benefit for the period prior to the request.

(5). The Minister for family and Consumer Affairs may lay down detailed rules concerning the manner in which an application in accordance with paragraph 2 shall be filed.

section 31. Request for daily subsistence allowance by taking care of seriously ill children under section 26 shall be submitted to the municipality no later than 1 week after that the baby is healthy. Request for daily allowances under section 26, paragraphs 3 and 4 shall be submitted no later than 1 week after the child is discharged from the hospital or similar institution of treatment.

(2). The Minister for family and Consumer Affairs may lay down detailed rules concerning the manner in which application under paragraph 1 shall be submitted.

Chapter 8

The basis for the calculation of maternity benefit

section 32. Maternity benefit shall be granted on the basis of wages, salaries and other income, replacing the wages, salaries, see. paragraph 2, and self-employed income.
(2). The Minister for family and Consumer Affairs sets out rules about which income to be allocated for wages, salaries, and revenue to be allocated to which self-employed income, and on the calculation of maternity benefit on the basis of labour income from self-employment, including on the use of income information from the tax administration.

section 33. Maternity benefit for employees who are absent, shall be calculated on the basis of the weekly hours and the hourly profit, which the employee would have had during the absence after payment of social contributions. If this income in each case is not suitable for the calculation of maternity benefit, be used instead of the average earnings in the last 4 weeks before the beginning of the absence.

(2). The Minister for family and Consumer Affairs sets out rules about

1) in which case the average earnings in the last 4 weeks can be used, see. (1)

2) in which case there may be used other calculation periods than stipulated in nr. 1, and

3) to the rules laid down in paragraph 1, and section 35, paragraph 1, may be waived for employees with changing working time.

(3). The Minister for family and Consumer Affairs, lays down rules for the payment of maternity benefit for weeks, in which the work is resumed partially.

§ 34. Maternity benefit for individuals in Flex, see. Chapter 13 of the law on an active employment efforts shall be calculated on the basis of the number of times the hourly profit, which is taken into account in the calculation of the municipal grants to the employer.

Chapter 9

Barseldagpengenes size

section 35. Maternity benefit to employees under section 33 may not account for more than us $ 3332 per week and not more per hour than this amount divided by the normal collectively agreed weekly working time.

(2). Unless otherwise stated, be paid maternity benefit to employees after a 5-day week with equal shares per day.

§ 36. Maternity benefit to a vacant member of a recognised unemployment fund represents the same amount which the person could have received unemployment benefit, where the person concerned had not received daily subsistence allowance in accordance with this law.

section 37. Maternity benefit for self-employed persons per week can not exceed the amount referred to in section 35, paragraph 1. Is there sign a voluntary insurance in accordance with the rules of Chapter 16 of the law on sick pay, make up barseldagpengene at least 2/3 of the amount referred to in section 35, paragraph 1.

(2). For self-employed persons is paid maternity benefit after a 5-day week from Monday to Friday with equal shares per day.

(3). The Minister for family and Consumer Affairs, lays down rules for the payment of maternity benefit for weeks, in which the work is resumed partially.

The regulation of maternity dagpengebeløb

section 38. The daily allowance referred to in section 35, paragraph 1, shall be adjusted once a year on the first Monday in January with the percentage, cf., cf. law on a rate adjustment percentage. The adjusted amount will be rounded to the nearest whole Crown amount divisible by five. The rounded amount forms the basis for next year's rate regulation.

Chapter 10

Reimbursement and funding, etc.

Employer's right to reimbursement of maternity benefit

§ 39. An employer who pays the wages during absences from work, is entitled to be paid the maternity benefit, which the employee would otherwise be entitled to from the municipality relating to the same working conditions, shall not exceed an amount equal to the wages paid during the absence.

(2). Get employee paid wages during absences from the several employers, shared barseldagpengene between employers in relation to the daily allowance, which the individual working conditions warrant.

(3). An employer who pays the wages during absences pursuant to section 6, paragraph 2, in order to be able to make a claim for reimbursement, without prejudice. section 40 (2), notify the absence to the employee's residence the municipality no later than 4 weeks after the 1. day of absence.

Notification of claims

§ 40. An employer who, pursuant to section 39 is entitled to reimbursement of maternity benefit, must report the reimbursement requirement for employee's residence in the municipality.

(2). Employer's request for reimbursement of wages and salaries paid in connection with absences before 4 weeks before expected birth, see. § 6 (2), be governed by the provisions of Chapter 22 of the law on sickness benefits.

(3). Employer's request for reimbursement of wages and salaries paid in connection with absences by the way due to pregnancy, childbirth and adoption in accordance with §§ 20-23 should be submitted to the municipality no later than 8 weeks after a leave period. The request is submitted after this deadline, the lapse of the right to reimbursement for this period.

(4). A leave period is considered expired when there in a week has been no absence, qualifying for the refund.

(5). Employer's request for reimbursement of subsistence expenses paid under section 26, by the care of seriously ill children, must be submitted to the municipality within the time limits for the application that is specified in section 31.

(6). There may not be eligible for reimbursement for salary or daily subsistence allowance paid in connection with absences due to pregnancy prevention studies, see. § 18.

(7). For the notification of claims to confirm information about the employee absence and paid wages.

(8). There can be seen away from the employee's confirmation of the employer's information when exceptional reasons for it and the employer otherwise adequately documenting the absence or claim a refund.

(9). The Minister for family and Consumer Affairs may lay down detailed rules concerning the manner in which the employer's claims must be reported to the municipality.

Financing

§ 41. No reimbursement of subsistence expenses under section 18.

§ 42. The State holds 100 percent of the municipality's expenses in accordance with this law, see. However, paragraph 2.

(2). The State holds 50 percent of the municipality's costs of daily subsistence allowance under section 26.

section 43. State grants advance refund of a municipality of reimbursable expenses in accordance with this law.

Chapter 11

Contribution to the arbejdsmarkedets tillægspension

§ 44. By payment of a daily allowance from the municipalities under this Act for employees aged 16-66 years shall be paid twice the contributions provided for under section 15, paragraph 1, read in conjunction with article 2 (a) and section 4 (a) of the law on labour market Supplementary pension. Paid no contributions, when the person has chosen to receive additional pension is paid from the 65. year or later.

(2). The detailed rules for the calculation of the contribution shall be determined by the Board of Directors for arbejdsmarkedets tillægspension according to the principles set out in section 15 of the lov om arbejdsmarkedets tillægspension.

(3). The employee pays 1/3 of the contribution, while 2/3 paid by the municipality.

(4). The employees ' contribution calculated by the municipality will be rounded to the nearest whole Crown amount. The municipality's share of the contribution represents the double of that.

(5). The employee share of the contribution retained by daily subsistence allowance payment.

§ 45. The municipality's deposit to the arbejdsmarkedets tillægspension is covered by a contribution from the employer. The municipal cost of deposit under section 44, paragraph 3, shall be borne by the State.

(2). The employer's contribution is calculated in proportion to the number of employees from employers who receive maternity benefit from the municipality.

(3). Employers ' financial contribution is paid together with the employers ' contribution to the coverage of the municipality's deposit to the arbejdsmarkedets tillægspension for sick pay in accordance with the rules thereof in health dagpengelovens § 66.

§ 46. By payment of a daily subsistence allowance under section 18 from employers during absences due to pregnancy prevention studies contributions to the arbejdsmarkedets tillægspension in accordance with the rules contained in chapter 26 of the law on sickness benefits.

§ 47. For the payment of daily subsistence allowance in accordance with this Act for employees paid a special pension savings, which constitute it in § 17 (f), paragraph 3, of the law on labour market Supplementary pension provided.

(2). The municipality or the employer deducts savings of the estimated daily subsistence allowance with a view to the deposit of the amount to the arbejdsmarkedets tillægspension after each quarterly expiration. Each share of amount for 1 week to round down to the nearest whole Crown amount.

(3). The Minister for family and Consumer Affairs shall determine, upon a proposal from the Board of Directors for arbejdsmarkedets tillægspension detailed rules for payment of the amount referred to in paragraphs 1 and 2, as well as to report thereon to the arbejdsmarkedets tillægspension, including the amounts withheld by the employer are considered and paid and reported together with contribution under section 65 (1) of the law on sickness benefits.

Chapter 12

Administration, etc.

section 48. The municipality shall take a decision on the right to maternity benefit, see. the rules on residence and the Municipality Act in Chapter 3 of the Act on legal security and administration in the social sphere.

(2). The Minister for family and Consumer Affairs sets out rules about which municipality which has the obligation to act in cases of maternity benefit to persons with residence or residing abroad.

§ 49. Persons receiving benefits under this Act shall inform the employer about changes in their circumstances or other circumstances which may lead to change in, or cancellation of the allowances paid, including the employer's ability to receive a refund.
(2). A person who has failed to fulfil its obligation under paragraph 1 or pursuant to section 11 of the Act on legal security and administration in the social sphere or, incidentally, against better judgement wrongly received benefits under this Act, shall repay the amount received unduly.

(3). The repayment amount will be charged by the municipality in accordance with the rules laid down by the Minister for family and Consumer Affairs in consultation with the tax Minister.

(4). Claims on repayment of overpaid benefits under this Act may be set off against benefits in accordance with the law.

§ 50. Requirements on benefits under this Act may not be the subject of seizure or other legal proceedings, except in the course of 3 months from the day on which the provision could require paid. Agreements on such claims are invalid.

§ 51. Payment of maternity benefit ceases for a person, who, after the Court ruling or administrative decision is in custody. Is performed under detention work in the regular labour market with permission from probation, there is, however, entitled to maternity benefit in accordance with the General rules.

(2). Probation shall notify the municipality if a maternity per diem receiver subject to sentences or other custodial measures, including pre-trial detention.

§ 52. Maternity per diem payment shall cease for a person knowingly to elude prosecution in this country in cases where the

1) the person is in custody,

2) Police searching for the particular purpose of pre-trial detention or

3) there is a pre-trial detention order.

(2). Per diem payment shall terminate and, in addition, for a person knowingly to elude justice in this country, if the person is sentenced to an unconditional imprisonment or other penal retsfølge, which involves or allows deprivation of liberty.

(3). When police or probation gets the presumption that a person who intentionally evade prosecution, see. paragraph 1, or punishment execution, see. (2) at the same time receive maternity benefit, the municipality shall be informed of such removal.

§ 53. Followed a prosecution, see. section 52 (1), not of a conviction, the municipality shall pay the maternity benefit for the period in which the person was in custody or evade prosecution. The daily subsistence allowance shall not be paid after the deceased's stay if the person dies before judgment in the case.

Chapter 13

Complaint rules

§ 54. The municipality's decision on the right to maternity benefit may, until 31 December 2007. December 2006 brought to the Social Committee, see. Chapter 10 of the law on legal security and administration in the social sphere.

(2). From the 1. January 2007, the municipality's decision on the right to maternity benefit shall be referred to the Employment Appeals Tribunal, see. Chapter 8 of the law on responsibility for and management of active employment efforts. The complaint shall be dealt with according to the rules laid down in Chapter 10 of the law on legal security and administration in the social sphere.

(3). Employees who take advantage of their right to absence after chapter 4, covered by protective provisions in the law on equal treatment of men and women with regard to employment, etc.

Chapter 14

Date of entry into force and transitional provisions

§ 55. The law shall enter into force on the 3. July 2006.

(2). section 11, section 12, paragraph 1, articles 13, 14, 15, 16, 16A, 17, 18, 19 and 19 a of the Act on sickness or childbirth without prejudice. lovbekendtgørelse nr. 1047 of 28. October 2004, are hereby repealed, without prejudice to article. However, § 56, paragraph 3.

section 56. By statements of periods with the right to receive unemployment benefit in accordance with this law shall be taken into account periods during which before the entry into force of the Act has been paid a daily allowance by pregnancy, childbirth and adoption, and by taking care of seriously ill children in accordance with the Act on sickness or childbirth.

(2). By statement of periods of employment in accordance with §§ 27 and 28 included employment, which is earlier than the date of entry into force of the Act.

(3). Periods of absence where 1. day of absence is before the 3. July 2006, and where the absence continues beyond this date, used the existing rules.

(4). Rate adjustment pursuant to section 64 of the maternity dagpengebeløb referred to in section 35, paragraph 1, it shall be the first Monday in January 2007 on the basis of the rate per 1. January 2006 for unemployment benefit.

§ § 57. -59. (Omitted)

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




Act No. 566 of 9. June 2006 concerning the right to leave and daily allowance in the event of childbirth (maternity law) containing the amendment relating to paragraph 49, includes the following entry-into-force provision:



section 167

(1). The law shall enter into force on the 1. January 2009, – – –.

(2). – – –.




Act No. 566 of 9. June 2006 concerning the right to leave and daily allowance in the event of childbirth (maternity law), which modifies article 8, paragraph 8, article 12, paragraph 2, section 13, paragraph 1, article 14, paragraph 2, article 15, paragraph 7, article 23, paragraph 1, and article 25, paragraph 1, includes the following entry-into-force provision:



§ 6

(1). The law shall enter into force on the 1. October 2009.

(2). – – – Article 8, paragraph 8, article 12, paragraph 2, section 13, paragraph 1, article 14, paragraph 2, 3. paragraph, article 15, paragraph 7, article 23, paragraph 1, and article 25, paragraph 1, of the law on the right to leave and daily allowance in the event of childbirth (maternity Act) as amended, respectively, as amended by section 4 of this law, shall enter into force on the 1. July 2009.
The Ministry of employment, the 13. November 2009 Inger Støjberg/Lise Fangel Official notes 1) Act contains provisions transposing Article 8 and article 9 of Council Directive No. 92/85/EEC of 19. October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding. Furthermore, the law contains provisions implementing article 2, paragraph 1, of the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC, and which must be implemented in accordance with Council Directive 96/34/EC of 3. June 1996.