Which are covered by the Act
(1) a worker has as a parent the right to be free from
their employment under this Act.
The same right is also a worker who
1. without being a parent is the legal guardian and have
care of a child,
2. receipt of a child for permanent care and upbringing in the
his home,
3. Permanent cohabit with a parent provided
the worker is or has been married to, or have or
have had children with this parent.
Provisions prohibiting unfavourable treatment of
job seekers and workers can be found in section 16. Law (2006:442).
Agreement between employer and employee
section 2 of an agreement whereby workers ' rights under
This law is being restricted is invalid in that section.
Through a collective agreement on workers ' page has been concluded
or approved of such a central workers ' organization
referred to in the Act (1976:580) for participation in working life,
However, the deviations from the law regarding
notice of leave (section 13),
-the time of the employee's notice of return to
work (paragraph 15),
-the length of time the employer has the right to postpone the employee's
return to work (paragraph 15).
Through a collective agreement come to, as specified
in the second paragraph may also be determined, the closer the application in
question about
-organisation of the leave (§§ 11 and 12),
-prohibition of unfavourable treatment (section 16).
An employer bound by a collective agreement in accordance with the second
or, third subparagraph, shall apply also to workers
that is not part of the contracting trade union organization,
If workers are employed in the work referred to in the agreement and
not be subject to any other applicable collective agreements.
Law (2006:442).
The right to leave
Overview of the different forms of leave for workers
3 § U/expires: 2016-02-01-there are six forms of parental leave for care
of children, etc.:
1. the Whole leave for a female worker in connection with
her child's birth and of breastfeeding (maternity leave, section 4).
2. Full leave for one parent until the child become 18 months
or, provided that the parent then has full
parental allowance, for the time thereafter (full time off with or without
parental allowance, section 5).
3. Leave for a parent in the form of an abbreviation for normal
working hours with three quarters, half, a quarter or a
eighth while parent has three-quarter, half, a
quarter each one-eighth parental benefit (part time off
with parental benefit, paragraph 6).
4. Leave for a parent in the form of an abbreviation for normal
working hours by up to one-quarter until, in the main case,
the child reached the age of eight years (some leave without maternity benefits, article 7).
5. Leave for an employee's temporary care of children
(leave with temporary parental benefit, etc., section 8).
6. Full leave or leave in the form of an abbreviation for normal
working hours by half for a parent of a child for whom
be left completely child care allowance (child care allowance time off with, section 9).
Special provisions for leave and relocation of
women workers who are expecting a baby, have recently given birth or
who are breastfeeding are found in sections 18 to 21. Law (2008:563).
section 3 entry into force/in: 2016-02-01-there are five forms of parental leave for the care of children, etc.:
1. the Whole leave for a female worker in connection with her child's birth and of breastfeeding (maternity leave, section 4).
2. Full leave for one parent until the child become 18 months or, provided that the parent then has full parental allowance, for the time thereafter (full time off with or without parental allowance, section 5).
3. Leave for a parent in the form of the abbreviation of the normal working hours with the three quarters, half, a quarter or an eighth while parent has three-fourths, one-half, one-quarter and one-eighth parental benefit (some leave with parental benefit, paragraph 6).
4. Leave for a parent in the form of an abbreviation for normal working hours by up to one-quarter until, in the main case, the child reached the age of eight years (some leave without maternity benefits, article 7).
5. Leave for an employee's temporary care of children (leave with temporary parental benefit, etc., section 8).
Special provisions for leave and relocation for female workers who are expecting a baby, have recently given birth or who are breastfeeding are found in sections 18 to 21. Law (2015:760).
Maternity leave
4 of a female worker is entitled to full leave of
connection with their child's birth for a continuous period of
at least seven weeks before the expected time of
childbirth and seven weeks after giving birth. If she does not
is available on other bases, two weeks of this maternity leave
be required during the time before or after giving birth.
The employee also has the right to be free to breastfeed
the child.
Maternity leave does not have to be associated with that
föräldrapennning is paid. At the time off to breastfeed baby
do not apply 10-15 sections. Act (2000:580).
Full time off with or without parental allowance
§ 5, a parent has the right to be fully available for the care of children
until the child is 18 months. An employee who has
adopted a child or a child with the intention of
adopt it have the right to be completely free in 18 months from
the time when the worker got the child in their care.
The worker's right to such leave ends, however, when
the child has reached the age of eight years or at such later time when
the child has completed the first school year. Adoption of
the worker's spouse's child or the child has
the employee is not entitled to leave beyond what would
If the adoption had not occurred.
A parent also has the right to be completely idle while
parents receive full parental allowance under Chapter 12.
the social security code. Law (2014:948).
Some leave with parental allowance
section 6, during the time when a parent, three-quarter, half,
one-quarter or one-eighth parental benefit under 12
Cape. social code has parents the right to
abbreviation of the normal working hours with the three quarters,
half, a quarter or eighth.
Law (2010:1263).
Some leave without parental allowance
section 7 a parent has the right to the abbreviation of the normal working hours
with up to one quarter for the care of a child who does not have
age of eight years or older than that but have not yet
completed its first school year. Law (2006:442).
Leave with temporary parental benefit, etc..
section 8 A worker has the right to leave during the time when he
or she
1. temporary parental benefit under Chapter 13.
the social security code,
2. would have been entitled to temporary parental benefit under the
Chapter 13. 10-31 § § 31 or 31 (e) and (f) of the same beam, if
the worker has not been subject to the provisions of chapter 37. paragraph 3 of the
the beam, or
3. would have been entitled to temporary parental benefit under the
Chapter 13. 8 or 9 of the same beam, if the child's parent does not
subject to the provisions of chapter 37. paragraph 3 of the code.
A parent who needs care for their children when the regular
the caregiver has become ill or infected are entitled to time off even
If the parent does not have the right to temporary parental benefit on
because of that
1. the child is less than 240 days, or
2. the child is less than 240 days and parents covered by
the provisions of chapter 37. section 3 of the social insurance code.
Law (2010:2006).
/Rubriken expires U: 2016-02-01/leave with child-raising allowance
§ 9/expire U:2016-02-01 by law (2015:760)./a parent has the right to full leave or shortening of
normal working hours by half for the care of children when completely
child care allowance pursuant to section 8 of the Act (2008:307) on municipal
Carer's allowance is payable for the child. Law (2008:563).
Leave garrison
The number of leave periods
10 § leave may be divided into no more than three periods of
each calendar year. If an absence period spans a
year, it shall be deemed to belong to the calendar year in which
the leave began.
Despite this limitation, the leave is split when it
either leave with temporary parental benefit
accommodation under section 8 or leave for parental education, etc.
According to Chapter 12. 6 and 7 of the social code.
Law (2010:1263).
How the leave may be charged at the full leave
section 11 of the worker may take out the whole leave the day or days on which
the employee requests.
How the leave may be taken out at reduced working hours
section 12 at the shortening of working time may leave spread over
the work week all days or be given or
some of the work days of the week. Law (2001:143).
Notification and decision on leave
section 13/expires U: 2016-02-01/a worker who wants to exercise his right to leave
According to the 4, 5, 6, 7 or 9 § shall notify this to the employer
at least two months before the beginning of the leave or, if not
can be made, as soon as possible. In its notification, the
the employee set how long the leave is scheduled to
last.
A worker who wants to exercise his right to leave under
§ 8 shall notify the leave to the employer at least one week
before the beginning of the leave. If the leave is due to illness or
infection, does not apply to any registration time. Law (2008:933).
section 13/comes into force in: 2016-02-01/a worker who wants to exercise his right to leave under 4, 5, 6 or 7 § shall notify this to the employer
at least two months before the beginning of the leave or, if that is not possible, as soon as possible. In connection with the notification to the employee specifying how long the leave is scheduled to run.
A worker who wants to exercise his right to leave under section 8 shall notify the leave to the employer at least one week before the beginning of the leave. If the leave is due to disease or infection, does not apply to any registration time.
Law (2015:760).
section 14 of the employee shall consult with the employer if
leave garrison and on other issues related to the holiday.
If it can be done without inconvenience to the employee, he shall
Add leave referred to in section 11 so that the activities of
the employer may proceed without significant disruption.
No agreement can meet about how the leave shall be charged
for shorter working hours, the employer shall place
the leave in accordance with the wishes of the employee, if such
Garrison does not cause significant disruption to the employer's
activity. The employer shall not, without the worker's consent
place the leave, other than to spread it over
the work week all days, divide the leave under the
working day or place it into any other time than
the beginning or the end.
Has the decision in such a case referred to in the second subparagraph made
otherwise than in accordance with the employee's request, shall
the employer shall inform the employee and the employee's
local Trade Union about the decision. This should, if
possible, at the latest two weeks before the beginning of the leave.
Law (2001:143).
Return to work
section 15, an employee may cancel his leave began, and
resume their work to the same extent as before the leave.
If the employee wishes to exercise his right to resume his work,
the worker shall notify the employer as soon as possible
this.
In the event that the leave is intended to last a month or more,
the employer to postpone the return of not more than one month after the
the employer receives the notification.
Prohibition of unfavourable treatment
section 16 of an employer may not discriminate against a job applicant or
a worker on grounds connected with parental leave
under this law, if the employer
1. Decides in an employment matter, takes out a job applicant
interview or take other action under
recruitment,
2. Decides on promotion or taking out a worker to
education for promotion,
3. decide on or takes other action related to the professional practice,
4. Decides, or take other action related to the other
education or vocational guidance,
5. apply the pay or other terms of employment,
6. results and benefits work, or
7. terminate, dismisses, lays off or takes other
intervention action against an employee.
The ban does not apply if different criteria or different
treatment is a necessary consequence of the leave.
Law (2006:442).
section 17 If an employee is terminated or fired solely by reasons
in connection with parental leave under this law, shall
termination or dismissal void if
the worker so requests. Act (2006:442).
Special provisions on workers who are expecting a baby, just
given birth or are breastfeeding
section 18 a female worker who is expecting a baby, recently given birth
children or breastfeeding has the right to be reassigned to another
work with maintaining employment benefits provided
She has been forbidden to continue their normal work under
Regulation has been issued pursuant to Chapter 4. 6 §
the work environment Act (1977:1160). Lag (2003:373).
section 19 of a female employee who is expecting a baby and because of
This can not perform physically demanding tasks, have the right
to be reassigned to another job while maintaining
employment benefits.
This right to relocation, however, only from the
60 days before the expected time of delivery.
20 § Right to relocation under sections 18 and 19 applies only if
reasonably be required that the employer prepares woman for another job in
their activities.
Relocation is not possible, have the woman as prescribed in
18 and 19 sections entitled to leave as long as it is required to protect
her health and safety, but without maintaining employment benefits
for the duration of the leave granted.
If there is the possibility of a redeployment that could refer to:
at least one month, the employer shall offer the woman the work.
21 of those who want to exercise their right to relocation under 18 or
section 19 shall notify this to the employer. Depends the relocation needs
on to the woman because of her pregnancy cannot perform physical
strenuous tasks, notification shall be made at least one month in
advance. In other cases, notification shall be made as soon as possible. Then
notification has been made, the employer shall reply as soon as possible
If the possibility of relocation. Relocation can not be
the employer continuing to examine the possibility of relocation.
Damages
section 22 of an employer who violates this law shall pay
damages for the loss incurred and for the tort that
has occurred.
If it is appropriate, reparation can be reduced or completely fall
away.
Trial
section 23 of the Cases on the application of this law are dealt with according to the law
(1974:371) on trial in labour disputes.
Sales actions by reason of dismissal, 34
and 35 § § § § 37, 38, second subparagraph, second sentence, 39-42 sections, as well as
section 43, first subparagraph, second sentence and second subparagraph, Act (1982:80)
employment protection shall apply mutatis mutandis. In the case of other
action applied 64-66 and 68 of the Act (1976:580) if participation
in the world of work.
The burden of proof
section 24 If a job seeker or a worker shows
circumstances which give reason to assume that he or she has
been disadvantaged by reasons connected with parental leave,
It is the employer who must prove that there has been
any such discrimination or that the discrimination is a
necessary consequence of the parental leave. Law (2006:442).
The right to bring an action
section 25 of the proceedings under section 16 or 17 may
The Equality Ombudsman Act for an individual
workers or job-seekers. The action brought by the
The Labour Court. When a Trade Union has the right to
bring an action for the individual pursuant to Chapter 4. section 5 of the Act (1974:371)
If the trial in labour disputes, however, the Ombudsman may bring
the action only if the organization does not.
The action brought by the Equality Ombudsman are treated as if
the action had been brought on behalf of the employee or the
job seekers. Provisions of the law on the trial of
labour disputes relating to the individual's position in the trial should
apply also when the Ombudsman for redress. Law (2008:572).
Transitional provisions
2015:760
1. this law shall enter into force on 1 February.
2. Older rules still apply when municipal child care allowance pursuant to the repealed Act (2008:307) if the municipal child care allowance.
