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Iceland - Maternity protection - 2011


LAST UPDATE

08 November of 2011

Data quantity

NORMAL

SOURCES


Name of Act

Act on Maternity/Paternity Leave and Parental Leave,
Act No. 95/2000, as last amended by Act. No. 136/2011

Name of Act

Social Security Act,
Act No. 117 on social security, dated 16 December 1993 (Stjórnartidindi, 1993), as amended up to Act No. 126 of 2011.

Name of Act

Name of Act

Act, No. 27/2000 Prohibition on Termination of Employment
due to Family Responsibilities

Name of Act

Child Protection Act, No. 80/2002,
as amended by Act No. 62/2006, No. 88/2008 and No. 52/2009.

Name of Act

Social Assistance Act No 99 of 2007 as amended up to Act No. 126 of 2011

Name of Act

The Social Security Act, No. 100/2007, as amended by Act No. 105/2007, No. 160/2007, No. 17/2008, No. 57/2008, No. 112/2008, No. 155/2008, No. 173/2008, No. 55/2009, No. 70/2009, No. 97/2009, No. 120/2009, No. 136/2009, No. 65/2010, No. 162/2010, No. 164/2010, No. 51/2011 and No. 106/2011.

Name of Act

Act on Working Environment, Health and Safety in Workplaces, No. 46/1980, as amended by act No. 15/1986, No. 61/1990, No. 7/1996, No. 52/1997, No. 83/1997, No. 17/2003, No. 68/2003, No. 90/2004, No. 138/2005 and No. 88/2008.

Name of Act

Act on payments to parents of chronically ill or severely disabled children, No. 22/2006, as amended by Act No. 158/2007.

Name of Act

Act on Health Insurance No 112/2008
(with amendments according to Act No 173/2008 and Act No 55/2009)

Other source used

Nordic Social Insurance Portal

Other source used

Other source used

Other source used

MATERNITY LEAVE


Scope

All employed or self-employed workers are eligible for maternity leave upon the birth of a child. Parents who are not active in the labour market and parents attending full-time educational programmes are also covered as to receiving a maternity/paternity grant
Act on Maternity/Paternity Leave and Parental Leave §1

Qualifying conditions

The right to maternity leave shall be conditional on the fact that the mother herself has custody of the child, or has joint custody with the other parent at the beginning of the leave. An employee shall notify her employer in writing as soon as possible and at least eight weeks prior to the expected birth of the child of her intention to take leave.
If the mother plans to take leave before the birth, the expected date shall be confirmed by a medical certificate.
Act on Maternity/Paternity Leave and Parental Leave §8

Duration


Compulsory leave

A woman shall take maternity leave for at least the first two weeks after the birth of her child.
Act on Maternity/Paternity Leave and Parental Leave §8

General total duration

3 months; maternity leave can be started up to one month prior to the expected date of birth.

Parents shall have a joint right to the extension of maternity/paternity leave by three months for each child after the first in a multiple birth that is born alive.
Act on Maternity/Paternity Leave and Parental Leave §8,16
Historical data (year indicates year of data collection)
  • 2009: 3 months; maternity leave can be started up to one month prior to the expected date of birth.
  • 2004: Three months
  • 1998: Two months
  • 1994: Two months

Leave in case of illness or complications

It is permitted to extend the mother’s maternity leave by up to two months due to a serious illness suffered by her in connection with the birth.

A parent who, due to illness, the consequences of an accident or the service of a prison sentence, is unable to care for her/his child during the first 18 months after the child’s birth, may assign her/his unused entitlement to maternity/paternity leave to the other parent, in part or in its entirety.
Act on Maternity/Paternity Leave and Parental Leave §8, 17

RELATED TYPES OF LEAVE


Parental leave


Scope

All employed or self-employed workers are eligible for parental leave.
Act on Maternity/Paternity Leave and Parental Leave §1, 8, 24-25

Qualifying conditions

Paid leave: The right to paid parental leave shall be conditional on the fact that the parent has custody of the child, or has joint custody with the other parent at the beginning of the leave. An employee shall notify the employer in writing as soon as possible and at least eight weeks prior to the expected birth of the child of her intention to take leave. If it is planned to take the leave before the birth, the expected date shall be confirmed by a medical certificate.

Unpaid leave: Six consecutive months’ employment by the same employer. The employee shall notify her/his employer of the intention to take parental leave as soon as possible and at the latest six weeks prior to the intended first day of the leave. Notice of parental leave shall be given in writing and shall state the intended starting day of the leave, its length and its structure.
Act on Maternity/Paternity Leave and Parental Leave §8, 26

Length

In addition to maternity/paternity leave, parents shall have a joint right to three additional months, which may either be taken by one of the parents or else divided between them. The right shall lapse when the child reaches the age of 18 months.
Furthermore, parents are entitled to 13 weeks of unpaid leave each until the child reaches 8 years of age.
Act on Maternity/Paternity Leave and Parental Leave §8, 24-25
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Paternity leave


Scope

Every employed or self-employed worker is eligible for paternity leave upon the birth of a child.
Act on Maternity/Paternity Leave and Parental Leave §1

Qualifying conditions

The right of paternity leave shall be conditional on the fact that the father himself has custody of the child, or has joint custody with the other parent at the beginning of the paternity leave. An employee shall notify his employer in writing as soon as possible and at least eight weeks prior to the expected birth of the child of his intention to take leave.
Act on Maternity/Paternity Leave and Parental Leave §8, 9

Length

Employees shall have the right to take 3 months paternity leave in one continuous period.
The parent shall be permitted to start his paternity leave up to one motnh prior to the expected birth date, and the right to leave shall expire when the child reaches 18 months of age.
Parents shall have a joint right to the extension of maternity/paternity leave by three months for each child after the first in a multiple birth that is born alive.
Act on Maternity/Paternity Leave and Parental Leave §8,9,17

Adoption leave

There are leaves and benefits for primary adoption of a child under the age of eight years, or a permanent foster care of a child under the age of eight.
Act on Maternity/Paternity Leave and Parental Leave §7

Scope

Maternity/paternity leave provisions apply in respect of primary adoption of a child under the age of eight years or permanent foster care of a child under the age of eight years. The time reference shall be based on the date when the child enters the home.
Act on Maternity/Paternity Leave and Parental Leave §7,8, 18, 24

Qualifying conditions

See maternity/paternity/parental leave.

Length

Parents shall each have an independent right to maternity/paternity leave of up to three months upon the adoption of a child. This right shall not be transferable.

In addition to maternity/paternity leave, parents shall have a joint right to three additional months, which may either be taken by one of the parents or else divided between them.

Parents shall have a joint right to the extension of maternity/paternity leave by three months for each child after the first in a multiple birth that is born alive.

Furthermore, also adoptive parents are entitled to 13 weeks of unpaid leave each until the child reaches 8 years of age.
Act on Maternity/Paternity Leave and Parental Leave §8,9, 10, 12, 16, 24

RIGHT TO PART-TIME WORK


Length

The employee shall be permitted to make arrangements with her/his employer for the maternity/paternity leave to take it concurrently with a reduced worktime ratio.
The employer shall make efforts to meet the wishes of the employee regarding the structure of the parental leave.
Act on Maternity/Paternity Leave and Parental Leave §10, 25

CASH BENEFITS

Maternity Benefit
Paternity Benefit
Parental Benefit
Adoption Benefit

Special benefit for parents of chronically ill or severely disabled children
Act on Maternity/Paternity Leave and Parental Leave
Act on payments to parents of chronically ill or severely disabled children, No. 22/2006, as amended by Act No. 158/2007.

Maternity leave benefits


Scope

Persons on maternity leave shall obtain the right to payments from the Maternity/Paternity Leave Fund. Mothers who are not active in the labour market and parents attending full-time educational programmes are also eligible for a maternity grant.
Act on Maternity/Paternity Leave and Parental Leave §1, 18, 13
Social Security Act §15-16

Qualifying conditions

A mothers right to receive payments during maternity leave is conditional upon the right to maternity leave and is obtained after six consecutive months of domestic labour market activity prior to the first day of the maternity leave.
Act on Maternity/Paternity Leave and Parental Leave §13
Social Security Act 15-16

Duration

3 months.
Parents have a joint right to receive payments from the childbirth/maternity for three months for each additional child born alive.
Act on Maternity/Paternity Leave and Parental Leave §8, 13
FAMILIES WITH CHILDREN IN ICELAND

Amount

80 percent of the average wage (employed persons).
Act on Maternity/Paternity Leave and Parental Leave §13, 18 and 19
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Historical data (year indicates year of data collection)
  • 2009: 80 percent of the average wage (employed persons).
  • 2004: Eighty percent
  • 1998: Flat rate
  • 1994: One hundred percent

Financing of benefits

Maternity is financed by a portion of the payroll(See Social Security Act), plus interests of the Maternity/Paternity Leave Fund. Payroll tax is paid by employers and is a certain percentage of the total cash wages subject. Self-employed parents also pay Social Security tax. The operating expenses of the Fund shall be paid from its revenues.
Maternity grant to parents not active in the labour market or attending full-time educational programmes shall be paid by the State Treasury.
FAMILIES WITH CHILDREN IN ICELAND
Act on Maternity/Paternity Leave and Parental Leave §4,8,18,19
Historical data (year indicates year of data collection)
  • 2009: Social security.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Parental leave benefits

Please take into account that there are two kind of parental leave paid and unpaid in order to understand. In consequence, details provide furthermore on parental leave cash benefits are related to the exclusive portion of parental leave which is paid.

Paid leave: The right to paid parental leave shall be conditional on the fact that the parent has custody of the child, or has joint custody with the other parent at the beginning of the leave. An employee shall notify the employer in writing as soon as possible and at least eight weeks prior to the expected birth of the child of her intention to take leave. If it is planned to take the leave before the birth, the expected date shall be confirmed by a medical certificate.

Unpaid leave: Six consecutive months of employment by the same employer. The employee shall notify her/his employer of the intention to take parental leave as soon as possible and at the latest six weeks prior to the intended first day of the leave. Notice of parental leave shall be given in writing and shall state the intended starting day of the leave, its length and its structure.
FAMILIES WITH CHILDREN IN ICELAND

Scope

Persons on parental leave as provided for by §8 of the Act on Maternity/Paternity Leave and Parental Leave (3 months) shall obtain the right to payments from the Maternity/Paternity Leave Fund. Persons who are not active in the labour market and parents attending full-time educational programmes are also eligible for a maternity grant.
Act on Maternity/Paternity Leave and Parental Leave §1, 18, 13
Social Security Act §15-16

Qualifying conditions

Persons on parental leave as provided for by §8 of the Act on Maternity/Paternity Leave and Parental Leave (3 months) shall obtain the right to payments from the Maternity/Paternity Leave Fund. Persons who are not active in the labour market and parents attending full-time educational programmes are also eligible for a maternity grant.
Act on Maternity/Paternity Leave and Parental Leave §1, 18, 13
Social Security Act §15-16

Duration

3 months, which either parent may draw in its entirety or the parents may divide between them.
Act on Maternity/Paternity Leave and Parental Leave §8, 13

Amount

80 percent of the average wage (employed persons).
Act on Maternity/Paternity Leave and Parental Leave §13, 18 and 19
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Financing of benefits

This benefit is financed by a portion of the payroll(See Social Security Act), plus interests of the Childbirth Leave Fund. Payroll tax is paid by employers and is a certain percentage of the total cash wages subject. Self-employed parents also pay Social Security tax paid. The operating expenses of the Fund shall be paid from its revenues.
Maternity grant to parents not active in the labour market or attending full-time educational programmes shall be paid by the State Treasury.
FAMILIES WITH CHILDREN IN ICELAND
Act on Maternity/Paternity Leave and Parental Leave §4,8,18,19

Paternity leave benefits


Scope

Persons on paternity leave shall obtain the right to payments from the Maternity/Paternity Leave Fund. Fathers who are not active in the labour market and parents attending full-time educational programmes are also eligible for a maternity grant.
Act on Maternity/Paternity Leave and Parental Leave §1, 18, 13
Social Security Act §15-16

Qualifying conditions

A fathers right to receive payments during paternity leave is conditional upon the right to paternity leave and is obtained after six consecutive months of domestic labour market activity prior to the first day of the paternity leave.
Act on Maternity/Paternity Leave and Parental Leave §13
Social Security Act §15-16

Duration

3 months.
Parents have a joint right to receive payments from the childbirth/maternity for three months for each additional child born alive.
Act on Maternity/Paternity Leave and Parental Leave §8, 13
FAMILIES WITH CHILDREN IN ICELAND

Amount

80 percent of the average wage (employed persons).

Parents who are not active in the labour market or attending full-time educational programmes shall each have a separate independent entitlement to a maternity/paternity grant for up to three months in view of the birth, primary adoption or reception of the child in permanent foster-care. To get further details, please read the norm.
Act on Maternity/Paternity Leave and Parental Leave §13, 18 and 19
click on this symbol to show or hide remarks

Financing of benefits

Paternity is financed by a portion of the payroll(See Social Security Act), plus interests of the Maternity/Paternity Leave Fund. Payroll tax is paid by employers and is a certain percentage of the total cash wages subject. Self-employed parents also pay Social Security tax. The operating expenses of the Fund shall be paid from its revenues.
Maternity grant to parents not active in the labour market or attending full-time educational programmes shall be paid by the State Treasury.
FAMILIES WITH CHILDREN IN ICELAND

Adoption leave benefits

There are leaves and benefits for primary adoption of a child under the age of eight years, or a permanent foster care of a child under the age of eight.
Act on Maternity/Paternity Leave and Parental Leave §7

Scope

Parents on maternity/paternity leave shall obtain the right to payments from the Maternity/Paternity Leave Fund. Parents who are not active in the labour market and parents attending full-time educational programmes are also eligible for a maternity grant.
Act on Maternity/Paternity Leave and Parental Leave §8, 13, 18

Qualifying conditions

A adoptive parent’s right to receive payments during adoption (maternity/paternity) leave is conditional upon the right to adoptive leave and is obtained after six consecutive months of domestic labour market activity prior to the first day of the leave.
Act on Maternity/Paternity Leave and Parental Leave §8, 13

Duration

3 months for each adoptive parent plus 3 months which either parent may draw in its entirety or the parents may divide between them.
Parents have a joint right to receive payments from multiple adoption for three months more for each additional child adopted.
Act on Maternity/Paternity Leave and Parental Leave §8, 13

Amount

80 percent of average wage (employed parents).
Act on Maternity/Paternity Leave and Parental Leave §8, 13

Financing of benefits

Adoption cash benefit is financed by a portion of the payroll(See Social Security Act), plus interests of the Maternity/Paternity Leave Fund. Payroll tax is paid by employers and is a certain percentage of the total cash wages subject. Self-employed parents also pay Social Security tax. The operating expenses of the Fund shall be paid from its revenues.
Maternity grant to parents not active in the labour market or attending full-time educational programmes shall be paid by the State Treasury.
FAMILIES WITH CHILDREN IN ICELAND

MEDICAL BENEFITS

Health insurance cover benefits under this Act which are paid out in cash. Health Insured persons are entitled to assistance, as further provided in this Act.
Health insurance person is a person who is resident in Iceland and has been resident in Iceland for a minimum of six months before health insurance benefits are requested, subject to fulfillment of other conditions of this Act. Residence refer to legal domicile.
Health insurance covers primarily healthcare pursuant to the Health Service Act, i.e. general medical treatment, nursing, health protection and preventive care, emergency and casualty treatment and other. It covers midwife assistance in childbirth in the home.
Act on Health Insurance No 112/2008
(with amendments according to Act No 173/2008 and Act No 55/2009) §9

Pre-natal, childbirth and post-natal care

The law only mentions expressly as coverage related to pregnancy or childbirth:
midwife assistance in childbirth in the home
maternal and infant healthcare in the home.
Act on Health Insurance No 112/2008
(with amendments according to Act No 173/2008 and Act No 55/2009) §22,29

Financing of benefits

Health insurance covers health service and other assistance to be provided at the expense of the State or with the cost participation of the State in accordance with this Act, regulations under the Act or contracts.
Act on Health Insurance No 112/2008
(with amendments according to Act No 173/2008 and Act No 55/2009)

HEALTH PROTECTION


Arrangement of working time

Please see provisions on arrangement of part-time above.
Act on Maternity/Paternity Leave and Parental Leave

Night work

Not prohibited for women or pregnant workers.
Act on Working Environment, Health and Safety in Workplaces, No. 46/1980, as amended by act No. 15/1986, No. 61/1990, No. 7/1996, No. 52/1997, No. 83/1997, No. 17/2003, No. 68/2003, No. 90/2004, No. 138/2005 and No. 88/2008.
Act on Maternity/Paternity Leave and Parental Leave

Overtime

Not prohibited for women or pregnant workers.
Act on Maternity/Paternity Leave and Parental Leave
Act on Working Environment, Health and Safety in Workplaces, No. 46/1980, as amended by act No. 15/1986, No. 61/1990, No. 7/1996, No. 52/1997, No. 83/1997, No. 17/2003, No. 68/2003, No. 90/2004, No. 138/2005 and No. 88/2008.

Work on rest days

Not prohibited for pregnant workers.
Act on Working Environment, Health and Safety in Workplaces, No. 46/1980, as amended by act No. 15/1986, No. 61/1990, No. 7/1996, No. 52/1997, No. 83/1997, No. 17/2003, No. 68/2003, No. 90/2004, No. 138/2005 and No. 88/2008.

Time off for medical examinations

Not expressly provided
Act on Maternity/Paternity Leave and Parental Leave

Leave in case of sickness of the child

Should a child need to stay in hospital for more than seven days directly following the birth, it is permitted to extend the parent’s joint right to maternity/paternity leave by the number of days the child has to stay in hospital, prior to its first homecoming, by up to four months.

It is also permitted to extend the parent’s joint right to maternity/paternity leave by up to three months in case of a serious illness of the child which requires more intensive parental attention and care.
Act on Maternity/Paternity Leave and Parental Leave §8,16,17

Other work arrangements

BREASTFEEDING

There was not identified any provision neither on breastfeeding breaks nor on breastfeeding facilities.
There is only mentioned that if safety or health of a pregnant woman, a woman who has recently given birth to a child, or a woman who is breastfeeding a child, is considered to be in danger according to a
special assessment, her employer must make the necessary arrangements to ensure the woman¿s safety by temporarily changing her working conditions and/or working hours. If this is not possible for technical reasons, or other valid reasons, the employer must entrust
her with other tasks; if this is not possible, the employer shall grant her leave of absence for the length of time necessary to protect her safety and health.
Act on Working Environment, Health and Safety in Workplaces, No. 46/1980, as amended by act No. 15/1986, No. 61/1990, No. 7/1996, No. 52/1997, No. 83/1997, No. 17/2003, No. 68/2003, No. 90/2004, No. 138/2005 and No. 88/2008.
Act on Maternity/Paternity Leave and Parental Leave §11

Dangerous or unhealthy work


General

There are not specific provisions for pregnant workers or women.

There are special provisions for minors.
Act on Maternity/Paternity Leave and Parental Leave
Act on Working Environment, Health and Safety in Workplaces, No. 46/1980, as amended by act No. 15/1986, No. 61/1990, No. 7/1996, No. 52/1997, No. 83/1997, No. 17/2003, No. 68/2003, No. 90/2004, No. 138/2005 and No. 88/2008. §59-63

Risk assessment


» Assessment of workplace risks

If the safety and health of a pregnant woman, a woman who has recently given birth to a child, or a woman who is breastfeeding a child, is considered to be in danger according to a special assessment, her employer shall make the necessary arrangements to ensure the woman’s safety.

According to general provisions established in the Act on Working Environment, the employer shall be responsible for having a special risk assessment made, in which the risks involved in the work shall be evaluated with regard to the health and safety of the workers involved are subject to greater risk than is the case with other workers.
Act on Maternity/Paternity Leave and Parental Leave 11
Act on Working Environment, Health and Safety in Workplaces, No. 46/1980, as amended by act No. 15/1986, No. 61/1990, No. 7/1996, No. 52/1997, No. 83/1997, No. 17/2003, No. 68/2003, No. 90/2004, No. 138/2005 and No. 88/2008. §65 a

» Adaptation of conditions of work

If the safety and health of a pregnant woman, a woman who has recently given birth or a woman who is breastfeeding a child is considered in danger according to a special assessment, her employer shall make the necessary arrangements to ensure the woman’s safety by temporarily changing her working conditions and/or working hours.
Act on Maternity/Paternity Leave and Parental Leave §11

» Transfer to another post

If the adaptation of working conditions is not possible for technical reasons or other valid reasons, the woman’s employer shall entrust her with other tasks.
Act on Maternity/Paternity Leave and Parental Leave §11

» Paid/unpaid leave

If the safety and health of a pregnant woman, a woman who has recently given birth to a child, or a woman who is breastfeeding a child, is considered to be in danger according to a special assessment, her employer shall make the necessary arrangements to ensure the woman’s safety by temporarily changing her working conditions and/or working hours. If this is not possible for valid or technical reasons, she will be granted with paid leave of absence according to further regulation of the Ministry of welfare.

Should it become necessary for a pregnant woman to cease paid employment for the sake of her health more than a month prior to the expected birth of her child, she shall be entitled to payment during her maternity leave during this period, though not for more than two months. Should the birth occur prior to the expected birth date of the child, the authorization for extension under this provision shall cease to apply from that time. Further conditions will be regulated by the Ministry of welfare.
Act on Maternity/Paternity Leave and Parental Leave §11,17

» Right to return

The employment relations between an employee and her/his employer shall remain unchanged during maternity/paternity leave and parental leave. The employee shall be entitled to return to her/his job upon the completion of maternity/paternity leave or parental leave. Should this not possible, she/he shall be entitled to a comparable position with the employer according to a contract of employment.
Act on Maternity/Paternity Leave and Parental Leave §29

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

It is unlawful for an employer to discriminate against employees on the basis of sex as regards, inter alia, wages; recruitment, promotion and changes in position; dismissal; and working conditions and environment.
Affirmative action shall not be regarded as being contrary to these provisions. The same shall apply if there are valid reasons to support employing an individual of a particular gender in view of objective factors relating to the job.
Act on Equal Status and Equal Rights of Women and Men §24-26

Prohibition of pregnancy testing

Not expressly prohibited.
Act on Equal Status and Equal Rights of Women and Men

Protection from discriminatory dismissal

It shall not be permitted to dismiss an employee due to the fact that he or she has given notice of intended maternity/paternity leave or parental leave, or during his or her maternity/paternity leave or parental leave, without reasonable cause. In such a case, the dismissal shall be accompanied by written arguments. The same rule shall apply to pregnant women and women who have recently given birth.

No person’s employment may be terminated solely because of his or her family responsibilities. "Family responsibilities" here refers to the employee’s responsibilities towards his or her children, spouse or close relatives who live in the employee’s home and clearly need his or her care or custody, for example as a result of illness or disability.
Act on Maternity/Paternity Leave and Parental Leave §30
Act, No. 27/2000 Prohibition on Termination of Employment
due to Family Responsibilities §1

Burden of proof

If a likelihood is determined that, regarding engagement, assignment or appointment to a post, promotion, change of position, retraining, continuing education, vocational training, study leave, notice of termination, the working environment or employees’ working training, study leave, notice of termination, the working environment or employees’ working conditions, individuals have been discriminated against on grounds of their gender, the taking of maternity/paternity leave or parental leave, or other circumstances relating to pregnancy and childbirth, the the employer shall demonstrate that his or her decision was based on grounds other than the individual’s gender, the taking of maternity/paternity leave or parental leave, or other circumstances relating to pregnancy and childbirth.

If a likelihood is determined, that the employer has dismissed an employee for demanding redress on the basis of this Act, the employer shall demonstrate that the dismissal, or alleged injustice is not based on the employee’s demand for redress, complaint or provision of information regarding discrimination.
Act on Equal Status and Equal Rights of Women and Men §26,27

Guaranteed right to return to work

The employee shall be entitled to return to his or her job upon the completion of maternity/paternity leave or parental leave. Should this not be possible, he or she shall be entitled to a comparable position with the employer according to a contract of employment.
Act on Maternity/Paternity Leave and Parental Leave §29

Results generated on: 28th March 2024 at 19:54:21.
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