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The Regulation On The Absence And Leave By Newly Arrived Immigrants Participation In Tutorial System

Original Language Title: Forskrift om fravær og permisjon ved nyankomne innvandreres deltakelse i introduksjonsordning

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The regulation on the absence and leave by newly arrived immigrants participation in introductory arrangement date of-2003-07-18-973 Ministry of Justice and emergency Ministry published in 2003 booklet 11 (notes) the entry into force 01.09.2003, last modified 01.09.2004 FOR-2016-02-19-169 Change applies to Norway Pursuant law-2003-07-04-80-section 10, law-2003-07-04-80-section 20 Announced 25.07.2003 Directed 08.07.2016 (Comments removed, replaced by own circular) short title Regulations Law Chapter overview: Chapter 1. General provisions (§ § 1-1-1-2) Chapter 2. Absences due to own illness (§ § 2-1-2-5) Chapter 3. The right to free from participation in the introductory program with introductory benefit, child's or children's passers disease (§ § 3-1-3-4) Chapter 4. The right to free from participation in the introductory program with introductory benefit during pregnancy and at birth (§ § 4-1-4-3) Chapter 5. Leaves of absence (§ § 5-1-5-4) Chapter 6. Weekend and holidays and vacation (§ § 6-1-6-2) Chapter 7. The processing rules and other provisions (§ § 7-1-7-3) legal authority: established by the local government and regional development (now the Ministry of Justice and the emergency) 18. July 2003 under the legal authority of the law of 4. July 2003 No. 80 about introductory scheme for newly arrived immigrants (law) § 10 the first paragraph, second sentence, and section 20.
Changes: modified by regulations June 30, 2010 # 1056, 19 feb 2016 Nr. 169. Corrections: 01.04.2016 (assigned to the new Ministry), 08.07.2016 (Comments removed, replaced by own circular).

Chapter 1. General provisions § 1-1. Forskriftens purpose rules in this regulation should help to ensure certain rights and clarify the obligations with regard to leave and leaves of absence for participants in the introductory scheme for law. The regulations should further help to ensure predictability, continuity, safety and effective progress of the individual's participation in the introductory scheme.

§ 1-2. Scope the regulation applies to participants in the introductory scheme, cf. Law § 2 and § 3, and their participation in the introductory scheme, cf. Law Chapter 2 and 3.

Chapter 2. Absences due to own illness section 2-1. Absence at the own disease on the basis of their own message or medical certificate retains the individual program participant's right to the introductory benefit after law Chapter 3 by own illness or injury that prevents him or her from participating in the introductory program.

section 2-2. The right to use own message own message when he or she is program participant in writing or orally notify the municipality about the illness or injury that prevents him or her from participating in the introductory program.
To get the right to use own message they must have participated in the introductory program for at least eight weeks.
Own message may be used for up to three calendar days at a time. At the new sick leave within 16 calendar days is considered earlier absence days without medical certificate with Goods illness or injury that prevents him or her from participating in the introductory program out over the three calendar days separate message is utilized, the municipality may require a medical certificate. If the person in question do not add program participant until a medical certificate, falls right to the introductory benefit away for their own notification period. This does not apply if the person has been prevented from seeking a doctor, and that's at issue that he or she is from an earlier time have had the disease or injury.

§ 2-3. Written personal statement the municipality may require that the person program participant in writing confirming an oral own message after he or she has resumed the program participation. If such a statement is not available, the municipality can hit the decision on that the right to the introductory benefit will fall away.

§ 2-4. Loss of the right to use own message the municipality can hit the decision on that right to have introductory benefit on the basis of separate message falls away a) if that person program participant in the course of the last 12 months has had at least four absence with their own message without having to submit a medical certificate, b) if the municipality has reasonable grounds to suppose that the absence is not due to illness or injury that prevents him or her from participating in the introductory program.

Separate message for absences that are documented with a medical certificate from the fourth day of absence, is not considered with the municipality of his decision Before hit after the provision in the first paragraph, to program the participant given the opportunity to make a statement. A resolution to take from a program participant the right to use own message should be reconsidered within six months.

section 2-5. Prolonged absence the municipality may by prolonged absence from the introductory program due to illness or injury hit the decision on them that they should not have the right to the introductory benefit, cf. section 5-2. This does not apply to absence with its own message.

Chapter 3. The right to free from participation in the introductory program with introductory benefit, child's or children's passers disease section 3-1. Child's or children's passers on the basis of own illness or medical certificate have the individual program participant who care for children, the right to free from participation in the introductory program with introductory benefit after the introductory Act Chapter 3, if he or she is prevented from participating in the introductory program a) due to the necessary supervision of and care of a sick child in the home or in health institution , b) because it has the daily children's supervision is sick, or c) because it has the daily children's authority is prevented from having oversight of the child because the person follows another child to study or to the admission in the health institution.

The right to free from participation in the introductory program with introductory benefit after the first paragraph applies to and with the calendar year the child reaches 12 years of age. If the child is chronically sick or disabled, apply the right and with the year the child reaches 18 years of age.

section 3-2. The scope of the right to free from participation in the introductory program with introductory benefit under section 3-1 applies to the individual program participant in up to 10 business days within the last 12 months. Has he or she the care of more than two children, apply to the Court for up to 15 working days over the course of the last 12 months. When a program participant is alone in the care, increased the number of days respectively to 20 and 30.
If a program participant has a chronically sick or disabled child, and this implies a marked higher risk for absence from the introductory program, comes to the Court as is mentioned in the first paragraph for up to 20 working days during the last 12 months. When a program participant is alone in the care, increased the number of days to 40.
The individual program participant is alone in the care of a child if the other of the child's parents for a long time can not supervise the child because he or she is disabled, admitted in the health institution, etc.

section 3-3. The right to use own message the individual program participant can give separate message for the first three calendar days in each case. From the fourth day the municipality can require that your child's or children's passerens disease is documented with a medical certificate. The provisions of section 2-3 and § 2-4 first paragraph, LITRA b and the third paragraph applies accordingly.

section 3-4. Prolonged absence the municipality may by prolonged absence from the introductory program that is due to the child's disease hit the decision that the person should not have the right to the introductory benefit, cf. section 5-2. This does not apply to absence with its own message.

Chapter 4. The right to free from participation in the introductory program with introductory benefit during pregnancy and at birth section 4-1. Pregnancy A program participant who is pregnant has the right to free from participation in the introductory program with introductory benefit after the introductory Act Chapter 3 in connection with prenatal care, when such investigations are not reasonably take place outside the program time.
A program participant who is pregnant during pregnancy has the right to free from participation in the introductory program with introductory benefit for up to 10 days. The one that makes use of this right should notify the Council as soon as possible and at the latest within a week in advance.

§ 4-2. Birth after birth to the mother have free from participation in the introductory program in 20 working days. The mother has the right to benefit during this period. The municipality can make exceptions to the rule in the first sentence when his mother by medical certificate will make that it is better for her to participate in the introductory programme.
In connection with the birth father has the right to free from participation in the introductory program with introductory benefit for up to 7 working days, if he lives with his mother and no time to care for family and home. Parents do not live together, the father's right be exercised by another which assist the mother during pregnancy.

section 4-3. Breastfeeding A program participant who are breastfeeding her child has the right to the free time she for that reason need and at least 1 hour daily.

Chapter 5. Leaves of absence section 5-1. Compassionate with introductory benefit when there is important welfare reasons, can the individual municipality grant application for compassionate for up to 10 working days for each calendar year of introductory benefit. It can be applicable with compassionate in. the following situations: a) It can be given a leave of absence for up to 3 business days by tilvenning of children in daycare/preschool/with nanny.

b) it can be given a leave of absence 1 day to accompany the child to school on the day the child starts to school in Norway.

c) It can be given a leave of absence for the day the individual program participant get married.

d) It can be given a leave of absence for up to 3 days in connection with the deaths of close family/friends. Roommate and partner family be equated in this case with the spouse and the spouse's family. It may in addition be granted leave of absence with the introduction of any benefit required travel days between the service location and the place where the funeral/selling/urn reduction takes place.

e)

It can be given a leave of absence in connection with. job interview, the admission by school or agreed time at doctor/dentist.

f) It can be given a leave of absence when a program participant in the home usually a close relative.

section 5-2. Leave without introductory benefit, own illness or child's illness on the basis of the medical certificate has the individual program participant that by prolonged illness or child's own illness is prevented from participating in organized introductory program, the right to a leave of absence from participation in the introductory program for up to one year.

section 5-3. Leave without introductory benefit by birth and adoption After birth have parents participating in the introductory program right to care leave in a total of up to 10 months in the child's first year of life. Do not take both parents care for the child, the Court may to the that does not take the care exercised by another that takes care of the child.
By adoption have adoptive parents who participate in the introductory programme right to care leave in a total of up to 10 months, if the child is under 15 years.
Where both parents participate in the introductory programme is 50 working days of care leave (10 weeks) reserved for the father (father's care leave) for children born after 1. September 2010 or adoptions for the same date. If the father does not use these leave days, they fall away.
It can be made exception to the provision in the third paragraph, if the danger due to illness or injury is completely dependent on help to take care of the child or are admitted in the health institution. Conditions as mentioned in the first sentence must be documented with a medical certificate.

§ 5-4. Leave without introductory benefit, transition to work by offers of work full time have the program the participant after the application the right to a leave of absence from the introductory program.
The leave can be granted for several distinct periods, and the total for a period of up to one year.
Program participant's individual plan be adjusted for the time it is granted a leave of absence, jf. Law § 6. The start and end date of the leave, as well as its follow-up in the leave time is discussed in the individual plan.
Four weeks before the leave passage of a mandatory expiration be carried out conversation where program participant answers if she or he wants to get back to the introductory program. If the program participant wants to continue qualifying, agreed that what should be the content of the introductory program when he or she comes back.
If the program participant would like to return to the introductory program before permisjonens expiration, he or she has the right to this after application.

Chapter 6. Weekend and holidays, and vacation section 6-1. Weekend and holidays, Saturdays and Sundays 1. and 17. may as well as new year's day, Maundy Thursday, good Friday, 2. Easter day, Ascension, 2. Pentecost and 1. and 2. Christmas day is nonworking days.
The one that does not belong to The Church of Norway has the right to free from participation in the introductory program with introductory benefit for up to two working days for each calendar year in connection with the celebration or celebration of religious holidays. Program participant who would like to use this right to free days, to give the municipality information no later than 14 business days in advance.

§ 6-2. Holiday For each calendar year shall be determined holiday in up to 25 business days for program participants. It is the individual municipality determines when the vacation days will be wound up. The individual program participant has the right to benefit during the holiday season introductory.

Chapter 7. The processing rules and other provisions section 7-1. Introductory program's duration absences and leave from participation in the introductory program according to the rules in this regulation that are over 10 working days, in addition to the introductory the scheduled time, cf. law § 5. Free days after § 6-1 the second paragraph and the holiday that wound up pursuant to section 6-2 does not come in addition to the scheduled time.

section 7-2. The application of administrative law the Council's decisions according to the rules of this regulation are considered as individual decisions by administrative law, cf. law § 17.1 This does not apply to the Council's decisions pursuant to section 6-2.
Individual decisions hit by this Regulation may be appealed to the County Governor, jf. law § 18.2 section 7-3. Entry into force these regulations shall enter into force 1. September 2003. Up to 31. August 2004 applies the regulations only those municipalities that have hit the resolution to apply the law.
From 1. September 2004 the regulation applies to all municipalities and includes the people law applies to resident after 1. September 2003, jf. law § 13.1