Do you have the right for maternity/parental leave as a foreigner in Denmark?

In Denmark, foreigners generally have the right to maternity leave, regardless of their nationality or immigration status.

Parental Leave in Denmark

All pregnant women are entitled to four weeks of pre-natal leave and ten weeks of maternity leave following childbirth. Fathers or co-mothers are granted two weeks of paternity leave.

Following the initial ten weeks of maternity leave, both parents have the right to 32 weeks of shared parental leave. Fathers or co-mothers may commence their parental leave within the first fourteen weeks after the child’s birth.

All parents have the option to extend their parental leave from 32 to 40 weeks. Working parents may further extend their leave to 46 weeks. Leave extensions are limited to increments of eight or fourteen weeks.

For children born on or after August 2, 2022:

• Parents are each entitled to 24 weeks of maternity leave benefits.
• For employed parents, eleven of these weeks are non-transferable and must be utilized before the child’s first birthday.

Eligibility for Maternity Leave Benefits

Maternity leave benefits, a state-provided income replacement, are available to:

• Salaried employees on leave
• Unemployed individuals on leave
• Self-employed individuals on leave
• Students with part-time employment or recent graduates on leave.

Administration

Maternity leave benefits are administered by Udbetaling Danmark (Public Benefits Administration).

Parental leave as a salaried employee

• You must have been employed in Denmark for at least four whole months before your leave starts.
• You must have worked at least 160 hours within the last four whole months before your leave.
• You must have worked at least 40 hours per month for at least three of those four months.

How to Apply:

1. Employer’s Role: Your employer must inform Udbetaling Danmark (Public Benefits Administration) about your leave via virk.dk/barselsdagpenge on your first day of leave or later.
2. Your Application: After receiving notification from your employer, you will receive a letter with access to apply for maternity/paternity benefits through Digital Post.
3. Deadlines: Apply within 8 weeks of childbirth (if not receiving pay), 8 weeks after salary stops (if receiving partial pay), or 8 weeks after your leave starts (e.g., unpaid paternity leave).

Important Notes:

• You must spend time with your child daily to receive benefits.
• If you move to Denmark after your child’s birth, you may still be eligible for benefits under certain conditions.
• Salary during leave can affect your benefit start date.
• Contact your employer or trade union for questions about your specific situation.

Leave Entitlements (for children born on or after August 2, 2022):

• Mothers:
  • 4 weeks pregnancy leave with benefits.
  • 2 weeks leave after birth (cannot be transferred).
  • 8 weeks leave with benefits after birth (can be transferred in some situations).
  • 9 weeks leave (cannot be transferred).
  • 5 weeks leave with benefits (can be transferred).
• Fathers/Co-mothers:
  • 2 weeks leave with benefits at birth (can be taken flexibly within 10 weeks).
  • 9 weeks leave (cannot be transferred).
  • 13 weeks leave with benefits (can be transferred).

Transferring Leave:

Parents can transfer portions of their leave to each other (with limitations). Up to 13 weeks can be transferred if both parents are salaried employees.

Unemployed parental leave

Maternity Leave for Unemployed People in Denmark

Being unemployed doesn’t disqualify you from getting maternity benefits in Denmark. If you are a member of an unemployment insurance fund and meet specific requirements, you can receive financial support during your maternity leave.

Eligibility for Maternity Benefits as an Unemployed Person:

• You must have been registered as unemployed in your unemployment insurance fund for at least four months before your leave starts.
• Within the last four months before your leave, you must have worked at least 160 hours and at least 40 hours per month for at least three of those months.
• You must be available for work as a jobseeker at your job center while on leave to maintain eligibility for benefits.
• You must have daily physical contact with your child throughout your maternity leave.

How to Apply for Maternity Benefits:

1. Your Employer’s Role: Your employer is required to inform Udbetaling Danmark (Public Benefits Administration) about your leave via virk.dk/barselsdagpenge on your first day of leave or later.
2. Your Application: Once your employer submits the notification, you’ll receive a letter with access to apply for maternity benefits through Digital Post.
3. Application Deadline: Apply within eight weeks of childbirth (if not receiving pay), eight weeks after your salary stops (if receiving partial pay), or eight weeks after your leave starts (e.g., unpaid paternity leave).

Important to Remember:

• Transferring leave to the other parent is possible under certain conditions. Up to 13 weeks can be transferred if both parents are salaried employees.
• Receiving welfare benefits or other income support generally disqualifies you from maternity leave with benefits. However, you can transfer your leave entitlement to the other parent if they meet the eligibility criteria.

Self-employed

Being self-employed doesn’t prevent you from getting maternity benefits in Denmark. If you meet specific requirements, you can receive financial support during your maternity leave.

Eligibility for Maternity Benefits as Self-Employed:

• You must have been self-employed for at least six months within the last year.
• You must have worked in your business in the month before your leave began.
• Your business must show a profit.
• You must have worked at least half-time (18.5 hours per week) on average in your business.
• You must have daily physical contact with your child throughout your leave.

How to Apply for Maternity Benefits:

1. Apply on Virk.dk: Use the online portal Virk.dk to submit your maternity benefit application to Udbetaling Danmark (Public Benefits Administration).
2. Application Deadline: Apply within eight weeks of childbirth to receive full benefits. You can apply up to eight weeks after your leave starts if unpaid or eight weeks after your salary stops (if receiving partial pay).

Important to Remember:

• Transferring leave to your partner is possible under certain conditions. Up to 22 weeks can be transferred if both parents are self-employed.
• Receiving welfare benefits or similar income support generally disqualifies you from maternity leave with benefits. However, you can transfer your leave entitlement to your partner if they meet the eligibility criteria.

Student or recent graduate

Can Students Get Maternity Benefits?

• Students with Jobs: If you have a permanent job alongside your studies, you can apply for maternity benefits as a salaried employee for the hours you work.
• Apprentices: You can receive benefits if you’re in a paid apprenticeship on your first day of leave or the day before.
• Unemployed Students: If you’re on leave from your studies, receiving unemployment benefits, and available for work through your job center, you may be eligible for maternity benefits.

Maternity Benefits for Recent Graduates:

• Within a Month of Graduation: You may qualify if you’ve completed at least 18 months of job-qualifying education within the last month before childbirth (for mothers) or before starting leave (for other parents).
• Unemployed Graduates: You can receive benefits if you’ve completed your studies and are registered as unemployed and available for work through your job center.

Important Notes:

• Daily Contact with Child: You must spend time with your child daily to receive maternity benefits.
• State Study Grants: If you receive state study grants, you may be eligible for extra grant portions instead of maternity benefits.
• Application Process: The application process varies depending on your situation. Contact Udbetaling Danmark for guidance.

Leave Entitlements (for children born on or after August 2, 2022):

• General Rule: Parents generally have 24 weeks of shared leave with maternity/paternity benefits.
• Transferring Leave: You can transfer portions of your leave to your partner to best suit your family’s needs.

Other scenarios

Eligibility:

• Employment is Key: To receive maternity/paternity benefits, you generally need to be employed (salaried or self-employed).
• Daily Contact with Child: You must spend time with your child daily during your leave.

Exceptions:

• Unemployed: If you’re unemployed and a member of an unemployment insurance fund, you may be eligible for benefits.
• Other Situations: If you don’t meet the employment criteria (e.g., receiving welfare, disability pension), you may still be able to transfer your leave to the other parent.

Leave Transfer:

• Eligibility: To transfer leave, you must be the child’s legal parent.
• Transferring Leave:
  • Mothers: Can transfer up to 14 weeks of leave.
  • Fathers/Co-mothers: Can transfer up to 22 weeks of leave.
  • Adoptive Parents: Can transfer up to 18 weeks of leave.
• Conditions: The recipient of transferred leave must meet the usual employment requirements.

Living Arrangements:

• Living Together: If you and the other parent live together, each is generally entitled to 24 weeks of leave.
• Living Apart: If you live apart from the child, leave entitlements may be adjusted.

Special Situations:

• Becoming a Salaried Employee: If you become a salaried employee within the first year after the child’s birth, you may be eligible for up to 9 extra weeks of leave as a salaried employee.
• Undetermined Father/Co-mother: If the father/co-mother is unknown or undetermined, specific rules apply.

How can a lawyer help?

A lawyer can significantly assist in assessing your eligibility for parental leave in several ways:

• Complex Employment Situations: If your employment status is non-standard (e.g., freelancer, contractor, gig worker), a lawyer can help determine if you qualify for parental leave benefits.
• Understanding Specific Rules: Danish parental leave laws can be complex, especially for individuals with unique employment situations (e.g., self-employed, students, those with non-traditional work arrangements). A lawyer can help you understand the specific rules that apply to your circumstances.
• Navigating Legal Gray Areas: In cases where your employment situation may not clearly fit within the standard definitions of “employed” or “self-employed,” a lawyer can provide guidance on how to navigate these gray areas and potentially qualify for leave benefits.
• Identifying Potential Obstacles: A lawyer can help you identify any potential obstacles to your eligibility, such as gaps in employment history, recent changes in employment status, or any other factors that may affect your claim.
• Advising on Documentation: A lawyer can advise you on the necessary documentation to support your claim, such as employment contracts, pay slips, and proof of self-employment income.
• Representing You in Disputes: If your employer or the relevant authorities dispute your eligibility for parental leave, a lawyer can represent you in negotiations or legal proceedings to protect your rights.

When to Consider Legal Assistance:

• Non-Standard Employment: If you have a non-traditional employment arrangement (e.g., freelancing, contract work, gig economy).
• Complex Employment History: If you have a history of multiple jobs, periods of unemployment, or changes in employment status.
• Disputes with Employers: If your employer is denying or contesting your right to parental leave.
• Understanding Specific Legal Requirements: If you have questions or concerns about the specific legal requirements for your situation.

---