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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)

In this respect, the right to leave and benefits of maternity leave is announced in accordance with the maternity leave (maternity leave), cf. Law Order no. 1070 of 14. November 2012, with the changes that are being made by Section 6 of Law No 1380 of 23. In December 2012, Section 4 of Law No 357 of 9. April 2013 and Section 5 of Act No 652 of 12. June 2013.

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 Employment sets special rules on maternity benefits to seafarers.

Chapter 3

Stay and taxation in this country

§ 3. The right to maternity benefits depends on 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 regulations on the coordination of social security systems, is 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 who, following Community regulations on the coordination of social security systems, 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 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 are unable to obtain maternity benefits if they are entitled to benefits from another country's legislation or in accordance with the legislation of the Faroe Islands or Greenland, the right to benefits or other compensation for the loss of income or of the Community regulations on the coordination of social security systems ; security schemes are covered by the legislation of another Member State 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 or the co-mother 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 or a parent shall have the right to be absent for two consecutive weeks after the birth or after receipt 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.

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 or the co-mother shall have the right to initiate 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). 6, and section 9, it may be agreed that the absence of absence is extended 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. week after birth, the father or the co-mother shall retain the right to be absent after paragraph 7 (3). 3.

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). 6.

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 future father or a fellow mother 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, without undue delay, inform his employer of this and of 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, Udbetaling Danmark pays Denmark maternity benefits according to the rules of this chapter, absence in connection with pregnancy, birth and adoption.

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

§ 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 for payment to Denmark, the payment of maternity benefits may be paid out in the absence of 10 weeks, so that they are paid for forty weeks, by making the weekly daily allowance calculated in accordance with Chapter 9, so that the total amount is reduced so that the total amount is to be set up. daily payment of payment amounts to an 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 ask Denmark for and be distributed on the remaining extended period of time.

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 Employment may lay down detailed rules for the right to benefits in accordance with 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 Employment 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 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 Employment may lay down detailed rules on the right to 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), 1 or 2, or Article 8 (2), SIX, ONE. Prectangle, earn 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 Employment lays down 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 are entitled to benefits from Udbetaling Danmark if they are paid in full or in self-employment if they are paid in full or in part to a self-employed person in connection with the child's disease.

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. Payments Denmark may, in particular cases, decide that a higher day amounts of money may be granted to the child in respect of the child's parents than in section 35 (4). 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 Employment lays down detailed rules on the conditions for the payment of daily allowances 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 has the right to maternity benefits from Udbetaling Danmark 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 ;

4) is a student in a paid internship in an education governed by law or under law, or

5) is employed in a flex-job, after Section 70 c, in the Act of an active employment effort.

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 two years in which, after the law of social service, compensation has been paid for lost profits by caring for a child with a disabled child or in accordance with the same law in the same law as being paid by the care of dying or, after this law's section 26 has been paid to parents with seriously ill 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 two years in which, after the law of social service, compensation has been paid for lost profits by caring for a child with a disabled child or in accordance with the same law in the same law as being paid by the care of dying or, after this law's section 26 has been paid to parents with seriously ill children.

Paragraph 3. Any self-employed person who receives grants for the maintenance of employment in its own company, in accordance with section 70 g in the law of active employment, has, however, notwithstanding the requirement set out in paragraph 1. 1 entitlement to maternity benefits as a self-employed person.

§ 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. The Minister for Employment sets rules on this.

Paragraph 2. The request for maternity benefits in accordance with section 20 to 23 must, for any other than a free member of a unemployment fund, be submitted to Udbetaling Danmark within eight weeks of birth or the receipt of the child. 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 a salary during the absence, the pay-holder ' s request for maternity benefits shall be submitted to Udbetaling Danmark not later than eight weeks after the payment of the salary from the employer has been discharged.

Paragraph 4. A free member of a unemployment fund that wants to apply for maternity benefits under section 20 or 21, not later than eight weeks after birth or the receipt of the child, notification the absence of the unemployment fund.

Paragraph 5. Within 1 week of receipt of a notification pursuant to paragraph 1. 4, the unemployment fund must be notified via Nemreimbursion to Udbetaling Danmark, which thereafter emits a notification letter to the free member with the information received.

Paragraph 6. The free member shall not later than eight weeks after receiving the notification letter in accordance with paragraph 1. 5 request the Udbetaling Danmark for maternity benefits.

Paragraph 7. The request has been submitted in accordance with paragraph 1. the notification has taken place in accordance with the time limit laid down in paragraph 1, or 4, the entitlement to maternity benefits is suspended for the period prior to the request or notification.

Paragraph 8. The Minister for Employment may lay down detailed rules in the manner in which requests for paragraph shall be made. 2, 3 and 6 shall be submitted and on a derogation from the time limit referred to in paragraph 1. 2 if the rules laid down may lead to the limit of this time limit.

§ 31. Requests for daily allowances by caring for serious sick children after Section 26 must be submitted to Payments Denmark no later than eight weeks after the first day of absence. If the request is submitted after this period, the right to maternity benefits shall be suspended for the period before the request.

Paragraph 2. The Minister for Employment may lay down detailed rules on the application of paragraph 1. 1 shall be submitted, and on a derogation from the time limit referred to in paragraph 1. 1 if the rules laid down may lead to an overrun of this time limit.

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 Employment Minister shall lay down rules on the revenue to be paid for payroll revenue and the revenue to be taken into account for self-employment, and the calculation of maternity benefits on the basis of the profit of the labour market, an independent undertaking, 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 Employment sets 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 Employment lays down rules for the payment of maternity benefits for weeks in which the work has been resumed in part.

§ 34. The Employment Minister shall lay down rules on the calculation of benefits under this law for persons employed in flex and self-employed persons who receive grants for the preservation of employment in their own company, subject to Chapter 13 of the Act of an Asset ; employment efforts. The Minister for Employment is also laying down rules on the calculation of benefits under this law if the occupation ceaseings in a period of time.

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 Employment 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 adjustment rate, in accordance with the law of a rate adjustment rate and after paragraph 38 a. 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.

§ 38 a. For the annual adjustment referred to in section 38, the rate adjustment percentage shall be used for the financial year in question in respect of deduction of a percentage, cf. paragraph 2.

Paragraph 2. For the financial year, 2016, the percentage is 0.3. For financial year 2017, the percentage shall be 0,4. For the financial year 2018-2023, the percentage shall be 0,75.

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 payment Denmark on the same working conditions, but not more than an amount equal to that ; Paid paycheck 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, report the absence and document the right to be absent. The Minister for Employment sets rules on this.

Notification of reimbursement requirements

§ 40. An employer who, after paragraph 39, is eligible for reimbursement of maternity benefits, must notify the reimbursement requirement via Nemrefusion for Udbetaling Danmark.

Paragraph 2. The employer ' s request for reimbursement of pay paid in connection with the absence of pregnancy, maternity and adoption and by caring for seriously ill children after Section 26 must be submitted to Payments Denmark no later than eight weeks after the end of an oro-term. Where a request is submitted after this period, the entitlement to the refund shall be suspended for this period.

Paragraph 3. A period of leave shall be deemed to have expired when no absence has been in the absence of an absence for 1 week justifying the reimbursement.

Paragraph 4. Payments Denmark may, however, pay reimbursement where the time limit laid down in paragraph 1 shall be exceeded. 2 is due to operational disturbances to the Nemrefusion of a degree and a duration that has truncced the employer from reporting in due time.

Paragraph 5. The reimbursement of pay or unemployment benefits may not be paid in connection with the absence of preventive pregnancy studies.

Paragraph 6. In notification of reimbursement requirements, the recipient shall be informed of the information given by the employer to the Udbetaling Danmark in the notification of the reimbursement requirement. A salary receiver which does not share the information provided by the employer shall make the Payments Denmark aware of this.

Paragraph 7. The Minister for Employment may lay down detailed rules on the way in which the employer ' s reimbursement claims are to be notified to Udbetaling Danmark.

Funding

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

§ 42. The State shall bear the costs of Udbetaling Danmark's payments under this law, cf. however, paragraph 1 2.

Paragraph 2. The government is holding 50%. And the municipalities are holding 50%. on the cost of daily allowances after Section 26.

§ 43. (Aphat)

Chapter 11

Contributions to the Labor Market's Supplementary Pension

§ 44. In the case of payment of benefits from Udbetaling Danmark, in accordance with this law to wage earners full 16 years, it shall be paid twice as determined in accordance with section 2 of the Work market ' s Supplementary Pension Act.

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 Udbetaling Danmark.

Paragraph 4. The payments Denmark calculated paid contributions shall be rounded off to the nearest whole crown amount. Payments Denmark's share of the contribution represents double of that.

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

§ 45. Payments Denmark's deposit to the occupational pension of the occupational pension shall be covered by a contribution from the employer. Payments Denmark's expenditure on the 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 Udbetaling Danmark.

Paragraph 3. Employers ' financing contributions shall be paid together with the employers ' contributions to the payment of Udbetaling Danmark's payment to the occupational pension allowance paid by the Social Market for sickness benefits in accordance with the rules relating to sickness benefits in sickness benefits.

§ 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. (Aphat)

Chapter 12

Administration and so on

§ 48. Payments Denmark takes a decision on the right to maternity benefits.

§ 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 amount shall be charged by Udbetaling Danmark according to rules laid down by the Employment Minister 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 Udbetaling Danmark if a maternity benefits beneficiary is subject to sentencing or other deprivation of detention, including pre-arrest.

§ 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, while at the same time receiving maternity benefits, Payments Denmark shall be informed of the evasion.

§ 53. Follow-up a criminal prosecution, cf. § 52, paragraph. Paragraph 1, not of any conviction, pays Denmark maternity benefits for the period in which the person was held in detention or evaded 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. Payments Denmark's decisions on the right to maternity benefits may be imparted to the Board of Appeal, cf. Section 64 a in the law of legal security and administration in the social field.

Paragraph 2. 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 1336 of 19. This is December 2008, which repeals Article 49 (4). 4 (Impact changes as a result of the bill for debt recovery for the public sector), the following entry into force shall include :

§ 167

Paragraph 1. The law shall enter into force on 1. January, 2009, cf. however, paragraph 1 2. Section 11 shall apply only to decisions on the retention of pay, which shall be taken after the entry into force of the law.

Paragraph 2. (Excluded)


Law No 494 of 12. June 2009, inserts Section 8 (5). 8, and section 13 (3). ONE, FOUR. pkt., as well as changes section 12 (2). 2, section 14 (4). Two, section 15, paragraph. 7, section 23, paragraph. Paragraph 25, paragraph 1. 1 (Adoption without consent, the step childish option of registered partner's child from birth, etc.) shall contain the following entry into force :

§ 6

Paragraph 1. The law shall enter into force on 1. Oct 2009, cf. however, paragraph 1 2.

Paragraph 2. Section 1 of the law. Paragraph 1, paragraph 1. 2 and 3, in the adoption law, as drawn up by this law's section 1, no. 2, SECTION 4, 3. pkton, in the adoption law, as drawn up by this law's section 1, no. 3, section 8, paragraph. 5, in the adoption law, as drawn up by this law's section 1, no. 4, Section 8 a of the adoption law, as drawn up by this law's section 1, no. 5, and section 8 (3). 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.


Law No 247 of 23. March 2010, which changes section 44 (2). 1 and repeal section 47 (Amendment of the rules on the extension of the sickness benefits period, sickness benefits to self-employed and repealing provisions concerning the payment to Shonest Pension savings (SP), etc.), the following entry into force and mode of impact :

§ 5

Paragraph 1. The law shall enter into force on 1. April 2010, cf. however, paragraph 1 Two and three.

Paragraph 2. Termination of section 67 in the Act of Health, Section 47, on the right to leave and day allowance at maternity leave, § 80 a of the active social policy and section 85 e in the law on unemployment insurance and so on as by this law's § 1, nr. 11, section 2, no. 2, section 3, no. 3, and section 4 shall enter into force on 1. May 2010.

Paragraph 3. (Excluded)

§ 6

Paragraph 1. (Excluded)

Paragraph 2. (Excluded)

Paragraph 3. Section 65 (2). 1, in the law of sickness benefits, as drawn up by this Act's § 1, nr. 10, section 44 (4). 1, in the right to leave and benefits of maternity leave (maternity leave), as drawn up by this law's section 2, no. Paragraph 1, and section 79, paragraph 1. 1, in the Act of Active Social Policy, as drawn up by this law's section 3, no. 2, has effect on contributions due to payment of the 1. May 2010, or later.


Law No 429 of 28. April 2010, which changes section 3, paragraph 1. 1, section 4 (4). 3, and section 5 (The competence to take decisions on legislative decisions and so on in accordance with Community Regulation (EC) No 2. 883/04 on the coordination of the social security systems, etc.), the following shall be entered into force and effective determination :

§ 20

Paragraph 1. The law shall enter into force on 1. May 2010.

Paragraph 2. (Excluded)

Paragraph 3. References to Regulation (EEC) No, Regulation 1408/71 shall remain in force and the application of this Regulation is maintained in relation to the individual EEA country and Switzerland, as long as the individual EEA country or Switzerland has not signed up to Regulation (EC) No 2. 883/04.


Law No 154 of 28. This is February 2012, which repeals the Act of 20 (1). 2, and change section 39 (Simplification of the efforts of sick and maternity benefits receivers, agreement on the right to sickness benefits from 1. in the case of a self-employed person in the event of a prolonged or chronic condition, etc.), the following entry into force shall include :

§ 3

The law shall enter into force on the fifth. March 2012.


Law No 326 of 11. April 2012, which changes § 19, § 20, § 20, § 21, § 26, § 27, § 27, § 20, § 30, section 30, § 40, § 40, § 40, § 40, § 42, § 45, § 45, § 48, § 48, § 48, § 48, § 48, § 51, § 1.52, § 53 and Section 54, and repeal section 43 (Distribution of the Authority's responsibility between the municipalities and Udbetaling Danmark m.v.), contains the following : the entry into force and transitional provisions :

§ 25

Paragraph 1. The law shall enter into force on 1. October 2012, cf. however, paragraph 1 2-4.

Paragraph 2. (Excluded)

Paragraph 3. Law of the law, section 7, number 1 and sections 13, 14 and 16 shall enter into force on 1. December 2012.

Paragraph 4. (Excluded)

§ 26

Paragraph 1. Cases where the authority is transferred to Udbetaling Danmark after this legal section 1 to 5, 9, 13 and 24, and which, at the time of the entry into force of the law, is not settled or closed in the municipality, will be processed in Udbetaling Danmark.

Paragraph 2. If the citizen has given consent to the municipality after paragraph 11 a, paragraph, 1, in the field of law on legal certainty and administration in the social field, in a field which, after the Clause of 1 to 5 and 13, is transferred to Payments Denmark, Payments Denmark may process the matter without a renewed consent. If the citizen has given consent to the social name or the Employment Board, after paragraph 11 a, paragraph, 5, in the field of legal certainty and administration in the social field in a field which, after the Clause of 1 to 5 and 13, is transferred for payment in Udbetaling Danmark, the AnkeManagement Board may examine the matter without a renewed consent.

Paragraph 3. Decisions taken by the municipality prior to the entry into force of the law, which shall be transferred to Udbetaling Danmark in accordance with the entry into force of the Act, which is claimed after the entry into force of the law for the respective areas of the law ; The Administrative Board as first and only administrative appeal body, cf. Section 64 a in the law of legal security and administration in the social field. Article 66 in the law of legal security and administration in the social field of the obligation to re-evaluate the matter shall not apply.

Paragraph 4. Cases where the authority is transferred to Udbetaling Danmark after this statutory section 1 to 5, 9 and 13 and which, prior to the entry into force of the law, have been submitted to the social name or employment name of the law, and not by the law, the final entry into force of the respective areas of expertise is dealt with in the first and only administrative appeal agency.

Paragraph 5. Decisions pursuant to this law ' s sections 1 to 5, 9 and 13, which, before the entry into force of the law for the respective areas of the law, have been taken by the social name or the Employment Board, may be complained to the Board of Appeal or the Employment Committee by the Employment Committee after they have been accepted ; the current rules. Article 66 in the law of legal security and administration in the social field of the obligation to re-evaluate the matter shall not apply.

Paragraph 6. Requirements such as the municipality must have against the citizen, or requirements that the citizen may have against a municipality in accordance with the entry into force of the law in sections 1 to 5, 9 and 13 at the time of the entry into force of the respective areas of the law, to Udbetaling Danmark. However, in addition to which the local authority has started the collection of remittance claims, the municipality shall remain in the municipality unless the claim is collected by offsetting or deduced in a benefit which, after the entry into force of the law, of the respective areas of the law shall be disburred by : Payments Denmark, or in cases where Udbetaling Danmark takes a new decision, which concerns the same amount of debt.

Paragraph 7. (Excluded)

Paragraph 8. (Excluded)

Niner. 9. In case areas where the authority is transferred to Udbetaling Danmark after this law's section 13, the City of Copenhagen shall pass on the City of the 1. In October 2012, an electronic copy of all cases in which the municipality during the period from 1. January 2011 to the 1. March 2012 finally made a final decision. Payments Denmark may use the relevant cases in training only in the case of training and only for the period from 1. October 2012 to the 30th. November 2012.

Paragraph 10. (Excluded)

§ 27

Paragraph 1. After the entry into force of the law, the responsibility for the storage of the archivalis and the processing of archival concerns in cases relating to Udbetaling Danmark is :

1) The local authority on the authority of completed and passivity matters in case areas, where the authority under the section 1 5, 13 and 24 of the law is transferred to Payments Denmark, and ceased and passivity cases under the section 9 of the law, where the municipality has taken place ; Decision after the law of a child and ungeable benefit.

2) The local authority on matters in which payment of cases continues to be made on case areas, which are to be transferred to Udbetaling Danmark in accordance with the sections 1 to 5, and where the municipality board has taken a decision to grant a grant prior to the date of the date of the law ; where the case is transferred to Udbetaling Danmark, and cases under the law of Article 9, where the municipality has taken a decision on a child and ungeable benefit, cf. No! 3.

3) Payments Denmark in cases under the Clause section 4 and 9, where the municipality Board has taken a decision to comply with international obligations, and where payment is still being made.

4) Payments Denmark in all other matters in case areas, where the authority under the section 1 to 5, 9, 13 and 24 of the law is transferred to Payments Denmark and which are not covered by No 2. One or two.

Paragraph 2. The local authorities shall send a copy of the requested files from cases referred to in paragraph 1, at the request of Udbetaling Danmark. 1, no. 1 or 2, stored in the municipality. In connection with requests for copies of the Act of Payments Denmark, the municipality has no consent from the citizen to review and sort a case that the municipality stores for Payments Denmark, in order to be able to accommodate Udbetaling Danmark's request. The municipality also has the right to review and sort a case that the municipality stores for Udbetaling Danmark, if the case contains information pertaining to the municipality's jurisdiction and if the municipality has a factual need for the information.

Paragraph 3. The Social and Integration Minister may, by setting the Administrative Board, Denmark setting rules that Payments Denmark from 2015 must pay a fee to the municipality in order to carry out the task under paragraph 1. TWO, ONE. pkt., and rules on the phasing out of the municipalities ' s archive obligation to Udbetaling Danmark from 2018.


Law No 928 of 18. September 2012, altering the Act of Law 38 and inserts Section 38 (a) (Modified regulation of different income transfers in the years 2016-2023 and the increase in the supplementary pension allowance and pension allowance for senior citizens) shall include the following : effective provision :

§ 9

Paragraph 1. The law shall enter into force on 1. January 2013.

Paragraph 2. (Excluded)

Paragraph 3. (Excluded)


Law No 1380 of 23. December 2012, changing the Act of Title 27, paragraph 27. 1, no. paragraphs 3 and 4, section 34, insert new section 27 (3). 1, no. 5 and a new section 28 (3). 3 and repeal section 39 (3). 4 (Reform of early retirement and flex-jobs, including the introduction of resource flows, rehabilitation teams, flex-wage subsidies, etc.), the following entry into force shall include :

§ 21

Paragraph 1. The law shall enter into force on 1. January 2013, cf. however, paragraph 1 2-6 and 8.

k. 2-8 : (Undelasted)


Law No 357 of 9. April 2013, which changes the 'SDPI Solution' to "Nemrefusion" ("Nemrefusion"), the following entry into force shall contain the following entry into force :

§ 5

The law shall enter into force on the 15th. April 2013.


Law No 652 of 12. June 2013, which changes section 7 (2). 2 and 3, section 9, 2. pkt., section 12, paragraph 1. 2, section 13 (3). Paragraph 14, paragraph 14. TWO, THREE. pkt., section 15, paragraph 1. 3 and 7, section 23, paragraph. Paragraph 25, paragraph 1. 1 and repeal section 8 (3). 8 (Co-motherhood, etc), contains the following effective provision :

§ 8

The law shall enter into force on 1. December, 2013, cf. However, section 9.

The Ministry of Employment, the 28th. June 2013

Mette Frederiksen

/ Jens Erik Zebis

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.