Denmark - Maternity protection - 2011

29 November 2011.

The Danish Adoption (Consolidation) Act No. 928, dated 14 September 2004

Labour Inspection Order (Arbejdstilsynets bekendtgørelse), Order No. 559 of 17 June 2004.

Act on Equal Treatment of Men and Women with regards to Employment and Parental Leave etc, Lov om ligebehandling af mænd og kvinder med hensyn til beskæftigelse og barselsorlov m.v. Act No. 711 of 20 August 2002 (amended by Act N° 286 of 25 April 2003 and Act N° 321 of 5 May 2004, which entered into force on 1st June 2004, by Notification N° 1527 of 19 December 2004, and amended up to Act No. 734 of the 28 June 2006).

Consolidation Act no. 1084 of 13 November 2009 on Entitlement to Leave and Benefits in the Event of Childbirth)
An Act to consolidate the Act no. 566 of 9 June 2006 on Entitlement to Leave and Benefits in the Event of Childbirth with the amendments that are consequences of section 7 in Act no. 1336 of 19 December 2008 and section 4 in Act no. 494 of 12 June 2009.

Act on the Public Health, Sundhedsloven. Act No. 546 of 24 June 2005 as amended up to Act No. 511 of 6 June 2007.

Consolidated Act no. 742 of 18 July 2005 issued by the Danish Maritime Authority Seamen’s Act (as amended by Act no. 547 of 8 June 2006, Act no. 1563 of 20 December 2006, Act no. 349 of 18 April 2007, Act no. 511 of 17 June 2008 and parts of Act no. 493 of 12 May 2010)

This is an Act to consolidate the Seamen’s Act, cf. Consolidated Act no. 766 of 19 September 1995, as amended by section 1 in Act no. 14 of 13 January 1997, section 1 in Act. no. 902 of 16 December 1998, Act no. 1088 of 29 December 1999, section 1 in Act no. 277 of 8 May 2002, section 5 in Act no. 1173 of 19 December 2003, section 2 in Act. no 1231 of 27 December 2003 and section 1 in Act no. 1462 of 22 December 2004.

Salaried Employees Act, (Funktionærloven) Act No. 68 of 21 January 2005 as amended up to Act No. 566 of 9 June 2006 as amended by section 7 of Act No. 542 of 24 June 2005, section 58 of Act No. 566 of 9 June 2006 and Act No. 312 of 30 April 2008.
Consolidation Act on the Legal Relationship between Employers and Salaried Employees.

Act no. 223 of 22 March 2006 on Employees’ Entitlement to Absence from work for Special Family Reasons.

Act no. 417 of 8 May 2006 on Maternity Equalisation in the Private Labour Market.

Act no. 387 of 27 May 2008 on the Board of Equal Treatment

Consolidation Act No. 906 of 27 August 2006 on Equal Pay to Men and Women.

Working Environment Act, Consolidated Act no. 1072 of 7 September 2010 with later amendments - unauthorised compilation of provisions - unofficial version

Executive Order on Measures to Protect Workers from the Risks related to Exposure to Carcinogenic Substances and Materials at Work
The Executive Order No. 908 of 27 September 2005 issued by the Danish Working Environment Authority - unofficial version.

Consolidation Act on Gender Equality
An Act to consolidate the law relating to gender equality, cf. Act No. 388 of 30 May 2000, as amended by section 4 of Act No. 440 of 7 June 2001, Act No. 146 of 25 March 2002, section 2 of Act No. 373 of 6 June 2002 and section 1 of Act No. 396 of 6 June 2002.

Directive on pregnant and nursing women, of February 2002 from the Danish Working Environment Authority (Gravides og ammendes arbejdsmiljø, At-Vejledning A.1.8.)

Ministry of Employment

Pregnant and Breastfeeding safety
GUIDANCE 2009

Ministry of Health

A woman shall be entitled to absence from work due to pregnancy from the beginning of a four-week period preceding the expected date of childbirth.

A mother shall have a right and a duty to absence for the first two weeks after childbirth. Subsequently, she shall be entitled to absence for another 12 weeks.
The father shall assume the mother’s right to leave if the mother dies or due to illness proves unable to care for the child.

All mothers.

There are not qualifying conditions to be entitled to maternity leave. Nevertheless, and with a view to the employer’s organisation of the work, a female salaried employee must no later than three months before the expected date of childbirth inform her employer of the expected date for the start of her maternity leave. A female employee who exercises her right to absence for the first 14 weeks after childbirth, must within eight weeks after childbirth inform her employer of when she will return to work.

Two weeks after delivery

18 weeks (4 weeks before and 14 weeks after birth).

Female wage earners are entitled to leave from work due to pregnancy leave before the 4 weeks if: (1) a medical evaluation indicates that the pregnancy has complications, which would involve a health risk for the women or foetus if further activity continued, or (2) the special character of the work involves risks for the foetus, or the pregnancy is restricting her in doing her job due to public regulations and the employer has not offered another appropriate occupation.

If child is stillborn or given up for adoption within 32 weeks after the birth the mother has right to 14 weeks of daily benefits. In the case of illness or complications of the mother, she has right to daily benefits for a maximum of 46 weeks after giving birth.

All parents(biological and adoptive).

There are not qualifying conditions to be entitled to parental leave. However, there is a duty in employee’s head to notify employers within eight weeks after childbirth or the reception of the child, of the date of the beginning of the absence and of the duration of the absence. Provided the right to absence is exercised so that the employee’s absence falls in several periods, the information must include the beginning and the duration of later absence.

Either parent shall be entitled to parental leave for 32 weeks. The father shall, however, be entitled to begin the parental leave within the first 14 weeks after childbirth.
Either parent shall be entitled to prolong the parental leave from 32 weeks up to 40 weeks. Employees and self-employed shall be entitled to prolong the parental leave under section 9 from 32 weeks to 46 weeks.

All fathers.

There are not qualifying conditions to be entitled to parental leave. However, there is a duty in employee’s head to notify employers no later than 04 weeks before the expected beginning of the absence inform his employer hereof and of the duration of the absence.

The paternity leave is two consecutive weeks after childbirth or subject to agreement with his employer within the first 14 weeks after childbirth.

Prospective adopters residing abroad in order to receive a child shall each of them be entitled to absence from work.
Adoptive parents are also entitled to leave after the reception of the child.

Prospective adopters and adoptive parents.

The child shall be considered received when the official conditions for returning to Denmark with the child have been fulfilled.

It shall be a condition for entitlement to absence under subsection (pre-adoption) that it is an adoption arranged by an organisation approved under the Danish Adoption Act, or a privately conducted adoption of a foreign child subject to the approval of the Department of Family Affairs.

Prospective adopters who are to receive an adopted child in Denmark are entitled to absence for up to one week prior to receiving the child unless the child already resides in the adopters’ home. It shall be a precondition that the adopters in consideration of the child stay in the place where the child is staying prior to the reception of the child.

Prospective adopters residing abroad in order to receive a child shall each of them be entitled to absence from work for up to four weeks prior to receiving the child. The right to absence shall be prolonged for up to four weeks if the stay abroad prior to the reception of the child exceeds four weeks for reasons that cannot be ascribed to the prospective adopters.

Prospective adopters who are to receive an adopted child in Denmark are entitled to absence for up to one week prior to receiving the child unless the child already resides in the adopters home. The right to absence shall be prolonged by up to one week if the stay exceeds one week for reasons that are not the fault of the prospective adopters.

Where the authorities in charge of the adoption have decided that the adopter or one of the adoptive spouses must stay at home for a period of time, the parents shall be entitled to absence for the first 14 weeks after receiving the child, one of the adoptive parents at a time shall be entitled to absence apart from a right to absence at the same time for two consecutive weeks. It shall be possible to begin exercising the right to absence(parental leave)within the first 14 weeks after the reception of the child.

In case of adoption a stepchild of a registered partner’s child, the adopter shall be entitled to absence for two consecutive weeks after childbirth or from the reception of the child in the home or subject to agreement with the adopter’s employer within the first 14 weeks after childbirth.

Employees and self-employed persons may return to work in full or in part in the periods in which there is a right to maternity benefits. This shall, however, not apply to a mother for the first two weeks after childbirth.
The Minister for Family and Consumer Affairs shall lay down rules governing the payment of maternity benefits for weeks in which there is a partial return to work.

Employees and self-employed.

At the beginning of the absence, residing legally in Denmark or, under Regulation EEC No.1487/71, being subject to Danish legislation on social security.

Employees:
If has been attached to the labour market continuously for the last 13 weeks prior to the beginning of the period of absence and in this period has been employed for a minimum of 120 hours; would have been entitled to unemployment benefits or an allowance in lieu thereof, cf. the Act on Unemployment Insurance, etc.
If there had been no right to benefits under this Act,has within the last month completed vocational training of a minimum of 18 months’ duration or is a trainee in paid practice as part of training that is regulated by or pursuant to statute.

Self-employed person:
If the activity has been exercised within the last 12 months for at least half of the normal weekly working hours relating to collective agreements for a minimum of six months, the last month of which prior to the absence. If the self-employed activity has been exercised for less than six months, periods of prior employment as an employee shall be included.

Benefits are paid during the whole period of maternity leave.

Maternity benefits for employees may not exceed DKK 3,332 a week and not more per hour than this amount divided by the normal weekly working hours relating to collective agreements.

Maternity benefits for an unemployed member of a recognised unemployment fund shall total the same amount as the person could have received in the form of unemployment benefits if the person concerned had not received benefits under this Act.

Maternity benefits for self-employed persons may not per week total more than the amount referred to employees in the first paragraph.
The maternity benefits shall total at least 2/3 of the amount referred to in paragraph 1.

The employer shall pay benefits during absence from work due to ante-natal examinations.
In case of Leave in case of illness before the pre-natal leave(four weeks before probable date of confinement)benefits will be paid according to the Act on Sickness benefits.

The Local authorities pay benefits for maternity,adoption, paternity and parental leave, but the Government shall pay 100 per cent of the local authority’s expenditure under this Act, however, the Government shall pay 50 per cent of the local authority’s expenditure on benefits paid in order to care for seriously ill children.

Employees and self-employed.

At the beginning of the absence, residing legally in Denmark or, under Regulation EEC No.1487/71, being subject to Danish legislation on social security.

Employees:
If has been attached to the labour market continuously for the last 13 weeks prior to the beginning of the period of absence and in this period has been employed for a minimum of 120 hours; would have been entitled to unemployment benefits or an allowance in lieu thereof, cf. the Act on Unemployment Insurance, etc.
If there had been no right to benefits under this Act,has within the last month completed vocational training of a minimum of 18 months’ duration or is a trainee in paid practice as part of training that is regulated by or pursuant to statute.

Self-employed person:
If the activity has been exercised within the last 12 months for at least half of the normal weekly working hours relating to collective agreements for a minimum of six months, the last month of which prior to the absence. If the self-employed activity has been exercised for less than six months, periods of prior employment as an employee shall be included.

for 32 weeks up to 46 weeks(in case of extension of leave) after childbirth or the reception of the child.

100%

The Local authorities pay benefits for maternity,adoption, paternity and parental leave, but the Government shall pay 100 per cent of the local authority’s expenditure under this Act, however, the Government shall pay 50 per cent of the local authority’s expenditure on benefits paid in order to care for seriously ill children.

Right to financial support from the Employer in connection with birth-adoption (for 2 weeks) and special child-care days (10) from the Municipality

At the beginning of the absence, residing legally in Denmark or, under Regulation EEC No.1487/71, being subject to Danish legislation on social security.

Employees:
If has been attached to the labour market continuously for the last 13 weeks prior to the beginning of the period of absence and in this period has been employed for a minimum of 120 hours; would have been entitled to unemployment benefits or an allowance in lieu thereof, cf. the Act on Unemployment Insurance, etc.
If there had been no right to benefits under this Act,has within the last month completed vocational training of a minimum of 18 months duration or is a trainee in paid practice as part of training that is regulated by or pursuant to statute.

Self-employed person:
If the activity has been exercised within the last 12 months for at least half of the normal weekly working hours relating to collective agreements for a minimum of six months, the last month of which prior to the absence. If the self-employed activity has been exercised for less than six months, periods of prior employment as an employee shall be included.

two weeks.

100%.

The Local authorities pay benefits for maternity,adoption, paternity and parental leave, but the Government shall pay 100 per cent of the local authority’s expenditure under this Act, however, the Government shall pay 50 per cent of the local authority’s expenditure on benefits paid in order to care for seriously ill children.

Prospective adopters and adoptive parents employees or self-employed.

If cleared by the state county and department of family affairs as suitable to adopt, the adopter has a right to adoption leave from reception of the child.

Benefits will be paid during the length of adoption leave.

100%

The Local authorities pay benefits for maternity,adoption, paternity and parental leave, but the Government shall pay 100 per cent of the local authority’s expenditure under this Act, however, the Government shall pay 50 per cent of the local authority’s expenditure on benefits paid in order to care for seriously ill children.

Women with 6 weeks of residence in Denmark are entitled to maternity care. This includes medical consultations, hospital admission and the help of a midwife.

Insurance, Employers, Municipality or State, or a combination. Parents with seriously ill children under the age of 14 have the right to daily benefits from the local authorities if they completely or partly give up paid employment. It is required that the illness of the child is deemed to involve a stay at a hospital or a similar institution for 12 days or more. The period of daily benefits can not exceed 52 weeks within the preceding 18 months. The benefits can be split between the parents.

Not provided.

Not provided.

Not provided.

Not provided.

It is not prohibited neither for pregnant women nor breastfeeding mothers.
It is only prohibited for minors under 18 years of age.

It is not prohibited neither for pregnant workers nor breastfeeding mothers.

Not prohibited neither for pregnant workers nor breastfeeding mothers. Nonetheless, working hours shall be organised so as to allow a rest period of at least 11 consecutive hours within every period of 24 hours. Within each period of seven days, employees shall have a weekly 24-hour period off, which shall be in immediate connection to a daily rest period.

The female worker has the right to take time off for prenatal health examinations with full pay from her employer.

If the child has been admitted to hospital, the period of right to absence shall be prolonged or postponed. Provided work is not resumed at the time of admittance to hospital, the period of right to absence shall be prolonged by the period in hospital if admittance to hospital takes place during the first 46 weeks after childbirth or the reception of the child. The right to absence may, however, not be prolonged for more than three months.
The right to prolong the period of absence shall not apply to the paternity leave or adopters right to absence at the same time for the first 14 weeks after the reception of the child.

Under the Act on Employees’ Entitlement to Absence from Work for Special Family Reasons, an employee shall be entitled to absence from work where urgent family reasons in cases of sickness or accident make the immediate presence of the employee indispensable (force majeure).

The length of this right is not expressly mentioned when it is based on sickness or accident.

The employer should always perform a risk assessment covering both the impact of the hazard and its expected level and duration. An employer’s decision that a pregnant or breastfeeding woman may perform specific tasks must be taken in the context of her specic job. If the employer determines that a risk is present he/she must do the following to reduce the risk, in order of priority:
1. Adjust or modify the physical workplace
2. If this is not possible change the planning and organization of work
3. If this is not possible move the woman to other tasks
4. If this is not possible decide that the woman should not carry out the work concerned.

If there is a risk of negative consequences on the pregnant and nursing’ employees, the employer has a responsibility to adjust working techniques appropriately

If there is a risk of negative consequences to pregnant or nursing employees, the employer has a responsibility to modify the schedules of work; or if not possible, to change the work or conditions of the women

If there is a risk of negative consequences on the pregnant and nursing employees, the employer has a responsibility to modify the place of the work; or if modification is not possible, to decide that pregnant and nursing women do not undertake the risky work

A pregnant woman shall be entitled to absence prior to the four-week period before childbirth if it appears from a medical assessment that the pregnancy is taking an abnormal course, thereby involving a risk to the woman’s health or to the health of the foetus in case of continued employment or the special nature of the work involves a risk to the foetus, or where the pregnancy prevents her from carrying out her work due to public authority requirements, and the employer is unable to offer her any suitable alternative employment.

Not expressly provided.

Everyone who works in a laboratory must be introduced to the Chemistry Institute’s Registry of Chemical Safety Data system-KIROS.

The employer must make an assessment of the risks to the woman and her fetus when working with or exposed to drugs and materials with the following Risk phrases on labels:
| R39: Danger of very serious long-lasting eects
| R40: Limited evidence of a carcinogenic eects
| R45: May cause cancer
| R46: May cause heritable genetic damage
| R48: Danger of serious damage to health by prolonged exposure
| R49: May cause cancer by inhalation
| R60: May impair fertility
| R61: May cause harm to unborn child
| R62: Possible risk of impaired fertility
| R63: Possible risk of harm to the unborn child
| R64: May cause harm to the child during breastfeeding
| R68: Possible risk of longterm effects.

Substances and materials that are labeled with other risk phrases may also damage the fetus. Therefore, the employer must also make an assessment when pregnant and nursing women work with or are exposed to the following:
Carcinogenic substances and processes;endocrine disruptive;volatile substances and organic solvents;pesticides;heavy metals;anesthetic gases;asphyxiant gases.

Hazardous substances must, as far as possible, be substituted with other, less dangerous substances. pregnant workers can reduce risk signicantly by encapsulation of the substance or process and by using a fume extractor or hood.

All employees intending working with open radioactive sources must receive a thorough introduction to the work and a set of written instructions which they should read thoroughly.

Women must give notice of pregnancy to their employer as early as possible. Then, together with their line manager, they estimate the amount of radiation that the unborn child will receive during pregnancy.

The work of a pregnant woman must be organised in such a way that there is no risk for an unborn child of receiving a radiation dose of over 1 mSv.

Pregnant women should not work with iodine-125, and should not normally access radioactive stock solutions.

Personal radiation meter:
If the pregnant woman continues with duties which under Annex 4 of Decree No 823/1997 require personal radiation meters to be worn, the meters must be read at least once per month.

Breastfeeding:
If a woman is breastfeeding in a period where she is working with radioactive substances, this must be taken into account. But if this work involves volumes less than the limits for S1-authorization, then there is usually no reason why a woman should be moved to other work.

Biological materials
The current rules for laboratory classification must always be followed, and thorough instruction given by a supervisor before work commences.
Avoid working with research animals.

Experimental animals may pose a risk to the fetus, in that they can carry a protozoan, Toxoplasm gondii, which causes an illness which is normally minor and self-limiting in people but can have serious or even fatal effects on a fetus whose mother rst contracts the disease during pregnancy.
It is recommended that pregnant employee asks her doctor for a blood test to determine if you carry antibodies the parasite.
If a pregnant worker carries the antibody, then work can continue as before, otherwise you she must be moved to other work.

Avoid working with poultry / birds
In addition, pregnant women should not work with birds / poultry because of the danger of Ornithosis. Both ornithosis and toxoplasmosis can cause birth defects.

Patient specimens
Pregnant workers shall be careful when working with blood and tissue samples; all medical specimens should be considered potentially infectious and handled accordingly. A vaccination against infectious hepatitis is recommended before beginning work involving medical specimens.

Manual handling of heavy burdens over 4 -5 kg., long standing and walking labour, pull and push, combined physical strains of repeatedly heavy lifts, manual moves of persons, much standing and walking, high pressure, for example, in pressure chambers or in diving, etc. are considered arduous work from which pregnant and nursing women should be prohibited

Physical influences (impact and vibrations, noise and ultrasound, ionising radiation, electromagnetic fields, chemical substances - also those which are absorbed through skin, and chemical agents, extreme cold and heat, volatile substances and organic solvents, lead and lead connections) are considered work from which pregnant and nursing women should be prohibited

Ergonomic influences-Physical effects
The pregnant woman shall take all reasonable measures to protect both herself and her child whilst at work,including:
avoiding situations where there is increased risk of falling
avoiding going up ladders from about 13 weeks, organising her work so that she can alternate between seated and walking/standing work
from about 13 weeks, not lifting loads greater than 10-12 kg
from 20 weeks, dragging and pushing of loads should be minimized
from 25 weeks, not lifting more than 5-6 kg because of the increased distance to the load.

Vibrations
A pregnant woman must not expose herself to strong whole-body vibration.

Audio | ultrasound
Pregnant women should avoid direct contact with ultrasound.

Heat
A pregnant woman should avoid extreme heat ( > 35  C ).

The Employee/worker (man or woman) has the right to a compensation in case of discrimination on leave. This compensation can maximum amount to the pay for 39 weeks with regards paid to the working hours and the conditions of the case. If the discrimination is related to a woman giving birth, the burden of proof is on the employer and the pay compensation can be calculated up to 78 weeks’ pay. The employer also has to pay a fine in case of discrimination.

Pregnancy tests are prohibited, not on the basis of national law, but on the basis of the European Union’s Directives. Judgment No. C-109/00 of 4 October 2001 on the basis of Articles 5 of the EU Directive No. 76/207 and 10 of the Directive No. 92/85 has created legal practice which is applicable until EU directive is implemented.

An employer may not dismiss an employee for having put forward a claim to use the right to absence or for having been absent under sections 6 to 14 of the Act on Maternity Leave or for any other reason related to pregnancy, maternity or adoption.

it has been established a compensation payment in the employer’s head.

If the employer dismisses the salaried employee before the start of the maternity leave or during the maternity leave, she shall be entitled to full salary during the period of notice. If the salaried employee is dismissed during the maternity leave period, she shall be entitled to full salary from the start of the maternity leave.

If the dismissal takes place in connection with or during pregnancy or Maternity Leave, it shall be incumbent on the employer to prove that dismissal was not based on these grounds.

If reinstatement of the employee in his or her job is considered to be "unreasonable", the employee is entitled to compensation amounting to a maximum of 78 weeks of wages, which must take into account the seniority of the employee and other particular circumstances of the case.