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Norway - Maternity protection - 2011


LAST UPDATE

15 November 2011
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SOURCES


Name of Act

Regulations concerning the handling of cytostatic agents, dated 18 December 1980 (Norsk Lovtidend, Part I, No. 11, 30 April 1981, p. 233).

Name of Act

Act concerning Cash Benefit for Parents with Small Children, Act No. 41, dated 26 June 1998 (Norsk Lovetidene, Part 1, No. 41, 1998), as amended up to Act 2006-04-21-10

Name of Act

Regulation concerning work with narcotic gases, Regulation No. 1737, dated 13 September 1984 (Norsk Lovtidend, Part I, No. 21, 31 October 1984).

Name of Act

Working Environment Act (Act No. 62 of 2005), dated 17 June 2005, Norsk Lovtidend, Part I, 2005-07-08, Vol. 8, No. 62, pp. 1112-1143 and Norsk Lovtidend, Part I, 2005-08-05, Vol. 9, No. 609, p. 1371, as amended up to 9 January 2009 by Act 2009-01-09-3 [English version as amended up to 23 February 2007]Last modified at 01.07.2008.

Name of Act

National Insurance Act, Act No. 19, dated 2 February 1997 (Norsk Lovtidend, Part I, No. 19, 18 March 1997, pp. 283-419), as amended up to 1 January 2009 by Act 2009-01-16 nr 05. Last modified 30.06.2011
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Name of Act

Act on Radiation Protection and Use of Radiation, No. 36, dated 12 May 2000, as amended to 17 June 2005 by Act 2005-06-17-82

Name of Act

The Gender Equality Act (Act No. 45 respecting equality between the sexes), dated 9 June 1978 (Norsk Lovtidend, Part I, No. 18, 27 June 1978, p. 395) [LS 1978-Nor.1] as amended up to Act No. 38, dated 10 June 2005.

Name of Act

Other source used

Other source used

Ministry of Health and Care Services

MATERNITY LEAVE


Scope

The Act shall apply to undertakings that engage employees unless otherwise explicitly provided by the Act.

The following are exempt from the Act:
a) shipping, hunting and fishing, including processing of the catch on board ship,
b) military aviation, which is covered by the Aviation Act. The Ministry may issue regulations concerning exceptions from the Act for civil aviation and state aviation other than military aviation and concerning special provisions for such aviation.

The King may issue regulations concerning the provisions of chapters 14,
15, 16 and 17 and concerning the extent to which these provisions shall
apply to employees who are subject to the Act of 4 March 1983 No. 3 relating to civil servants, etc. or who are senior civil servants.
The King may by regulation provide that parts of the public administration shall wholly or partly be excepted from the Act when the activity is of such a special nature that it is difficult to adapt it to the provisions of the Act.

The following persons are regarded as employees only in relation to the Act’s provisions concerning health, environment and safety when performing work in undertakings subject to the Act:
a) students at educational or research institutions,
b) national servicemen,
c) persons performing civilian national service,
d) inmates in correctional institutions,
e) patients in health institutions, rehabilitation institutions and the like,
f) persons who for training or rehabilitation purposes are placed in undertakings without being employees,
g) persons who without being employees participate in labour market
schemes.
The Ministry may by regulation provide exceptions from the provision laid down in the first sentence.
The provisions of the Act concerning the employer shall apply to a person who allows persons as referred to in the first paragraph to perform work in his undertaking.
The Ministry may issue regulations concerning the extent to which the
remaining provisions of this Act shall apply to persons referred to in the
first paragraph.
Working Environment Act §1-6

Qualifying conditions

The employer shall be notified of leave of absence pursuant to sections 12-2 to 12-6 as early as possible and not later than one week in advance in the case of absence in excess of two weeks, not later than four weeks in advance in the case of absence in excess of twelve weeks and not later than twelve weeks in advance in the case of absence in excess of one year. Disregard of such notice periods shall not entail that an employee must postpone the leave of absence if it is necessary owing to circumstances unknown to the employee before expiry of the notice period.
Working Environment Act §12-7

Duration


Compulsory leave

Six weeks after confinement. The mother may return to work before six weeks if she obtains a medical certificate attesting her fitness to resume work.
Working Environment Act §12-4

General total duration

Parents have the right to 12 months (52 weeks) parental leave altogether, of which the mother must take 6 weeks postnatal leave and may take 12 weeks prenatal (see: parental leave)
Working Environment Act §12-2, 12-4, 12-5
Historical data (year indicates year of data collection)
  • 2009: Parents have the right to 12 months (52 weeks) parental leave altogether, of which the mother must take 6 weeks postnatal leave and may take 12 weeks prenatal (see: parental leave)
  • 2004: Forty-two or fifty-two weeks parental leave (nine weeks reserved for the mother)
  • 1998: Eighteen weeks
  • 1994: Eighteen weeks

Extension

Not provided.
Working Environment Act

Leave in case of illness or complications

A pregnant employee is entitled to leave of absence for up to twelve weeks
during pregnancy. This right is not provided after confinement.
Working Environment Act §12-2

RELATED TYPES OF LEAVE


Parental leave


Scope

Please see above the scope of maternity leave.
Working Environment Act §1-6

Qualifying conditions

The employer must be given notice as soon as possible, and not later than a specified period in advance, depending on the length of leave intended to take.
Working Environment Act §12-7

Length

Parents shall be entitled to leave of absence pursuant to the provisions of this section and of sections 12-2 and 12-4 for a total of 12 months. When parental benefits are paid by the National Insurance, parents shall be entitled to leave of absence regardless.
In addition to leave of absence for sickness of a child, each of the parents is entitled to leave of absence for up to 12 months for each child.
This leave must be taken immediately after the parents� leave of absence pursuant to the first paragraph. An employee who has partial leave of absence pursuant to section 12-6 is nevertheless not entitled to leave of absence pursuant to this paragraph.

Unless the child is in the care of both parents, the right to leave of absence pursuant to the first paragraph may be exercised by another person taking care of the child. An employee who has sole responsibility for the care of a child shall be entitled to leave of absence pursuant to the second paragraph for a period of up to two years.

Adoptive parents and fosterparents shall be entitled to leave of absence
pursuant to this section when taking over responsibility for care of the
child. The same shall apply to an employee who has or is assigned parental responsibility on the death of the other parent and has had less than the usual access to the child. The right to leave of absence shall not apply when adopting stepchildren or when the child is over 15 years of age.
Working Environment Act §12-2, 12-3, 12-4 and 12-5

Paternity leave


Scope

All workers employed in the public and private sectors, except for those working in shipping, hunting, fishing (including processing of the catch on board ship) and military aviation.
Working Environment Act §1-2

Qualifying conditions

In connection with childbirth, the father of the child is entitled to paternity leave, if he lives with the mother and requires time to assist her. If the parents do not live together, the father’s leave may be claimed by another person assisting the mother in connection with the birth. The employer must be given notice as soon as possible, and not later than a specified period in advance, depending on the length of leave intended to take.
Working Environment Act §12-3, 12-7

Length

Parents have the right to 12 months parental leave altogether, of which the mother must take 6 weeks postnatal leave and may take 12 weeks prenatal.
The father has the right to take additionally 2 weeks paternity leave.
Working Environment Act §12-3

Adoption leave


Scope

All workers employed in the public and private sectors, except for those working in shipping, hunting, fishing (including processing of the catch on board ship) and military aviation.
Working Environment Act §1-2

Qualifying conditions

The child of the adoptive parents has to be under 15 years of age. The adoption leave may begin from the day on which the parents receive the child in their care. The employer must be given notice as soon as possible, and not later than a specified period in advance, depending on the length of leave intended to take.
Working Environment Act §12-7

Length

12 months, to be divided between the adoptive parents, plus additional 12 months each for each child. Additionally, adoptive parents and fosterparents shall be entitled to two weeks` leave of absence when taking over responsibility for care of the child
Working Environment Act §12-3, 12-5

RIGHT TO PART-TIME WORK


General provisions

Partial parental leave may be taken by all workers employed in the public and private sectors, except for those working in shipping, hunting, fishing (including processing of the catch on board ship) and military aviation, who are natural or adoptive parents of a child. A written agreement has to be concluded between employee and employer on the absence, and the partial absence must be taken within a time frame of three years. The employer must be given notice as soon as possible, and not later than a specified period in advance, depending on the length of leave intended to take.
Working Environment Act §1-2, 12-6, 12-7

Length

Maternity leave, parental leave and adoption leave may be taken as partial leave of absence, which must be taken within a time frame of three years.
Working Environment Act §12-6

CASH BENEFITS

There are several benefits for family reasons such as:

Impossibility to work during pregnancy for impossibility to adapt the working conditions to the pregnant worker health needs
Birth
Adoption
Paternal quota
Lump-sum grant on birth or adoption.
NORDIC SOCIAL INSURANCE PORTAL;
NAV;
OFFICIAL WEBSITE GOVERNMENT OF NORWAY.

Maternity leave benefits


Scope

The National Insurance Act covers all residents.
National Insurance Act §1-1

Qualifying conditions

The mother must have been employed and earning a pensionable income for at least 6 of the 10 months immediately prior to the commencement of the benefit period.
National Insurance Act §14-4

Duration

The beneficiary may decide whether to receive 100 percent of benefits for a shorter period or 80 percent of benefits for a longer period.
The choice will apply to the whole period and to both parents.

One week is five benefit days; benefits are not paid for Saturdays and Sundays.
If the date of birth was 1 July 2011 or later, you can receive 100 percent of your parental benefits for a period of 47 weeks or 80 percent of your parental benefits for a period of 57 weeks.
If the date of birth was between 1 July 2009 and 30 June 2011, you can receive 100 percent of your parental benefits for a period of 46 weeks or 80 percent of your parental benefits for a period of 56 weeks.
If the date of birth was 30 June 2009 or earlier, you can receive 100 percent of your parental benefits for a period of 44 weeks or 80 percent of your parental benefits for a period of 54 weeks.
If the date of birth is 1 July 2011 or later, the father may receive parental benefits for 12 weeks in cases where the mother receives disability benefits.
Please note that the overall amount you will receive for your entire period of parental leave will be slightly lower if you choose to receive 80 percent of your benefits over a longer period than if you choose to receive 100 percent parental benefits.
The benefit period may be postponed:
due to a statutory holiday (not holidays determined by collective agreement)
if you are entirely dependent on help with childcare because you are sick
if you or the child have been admitted to a health institution
if you are in full-time work
If the father wishes to postpone the paternal quota, he must apply for this by the last day of the joint benefit period.
Parental benefits are not paid after the child has reached the age of 3.

In the case of multiple births, the parents are entitled to full daily cash benefits for five more weeks(seven weeks with reduced rate) for each child exceeding the first.
National Insurance Act §14-9
NORDIC SOCIAL INSURANCE PORTAL;
NAV;
OFFICIAL WEBSITE GOVERNMENT OF NORWAY.

Amount

80 per cent or 100 per cent of the salary, depending on which model of parental leave has been chosen by the parents (see parental leave benefits below).
National Insurance Act §14-9
Historical data (year indicates year of data collection)
  • 2009: 80 per cent or 100 per cent of the salary, depending on which model of parental leave has been chosen by the parents (see parental leave benefits below).
  • 2004: Eighty percent or one hundred percent
  • 1998: One hundred percent and twenty-six extra paid weeks by either parent
  • 1994: One hundred percent and twenty-four extra paid weeks by either parent

Financing of benefits

Social Insurance

The National Insurance Scheme is financed by contributions from employees, self-employed persons and other members, employer’s contributions and contributions from the State.

The following benefits are financed by contributions from the state only:
Lump sum grants in case of maternity and adoption
grants to improve the functional ability of daily life
basic benefit
attendance benefit
supplementary pension for persons disabled at birth or early life
educational benefits
childcare benefits
transitional benefits for survivors and single, divorced and separated supporters
benefits for surviving family nurses
means-tested funeral grants
NORDIC SOCIAL INSURANCE PORTAL;
NAV;
OFFICIAL WEBSITE GOVERNMENT OF NORWAY.
Historical data (year indicates year of data collection)
  • 2009: Social Insurance
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Alternative provisions

you can choose to receive graduated parental benefits that let you combine partial parental benefits and part-time work. The period during which you receive parental benefits is then extended as you receive less benefit per day over a longer period of time. The total amount of benefits you receive will be the same as if you had not chosen to receive graduated parental benefits.
NORDIC SOCIAL INSURANCE PORTAL;
NAV;
OFFICIAL WEBSITE GOVERNMENT OF NORWAY.

Parental leave benefits


Scope

The National Insurance Act covers all residents.
National Insurance Act §1-1

Qualifying conditions

In order to be entitled to parental benefit, the mother or father must have been employed and earning a pensionable income for at least 6 of the 10 months immediately prior to the commencement of the benefit period. Furthermore, cash benefits for families with small children apply to children between the age of nil and three, provided that the child does not make use of a full-time place in a daycare centre that receives a state grant.
Working Environment Act §14-6
Act concerning Cash Benefit for Parents with Small Children §7, 8

Duration

The beneficiary may decide whether to receive 100 percent of benefits for a shorter period or 80 percent of benefits for a longer period.
The choice will apply to the whole period and to both parents.

One week is five benefit days; benefits are not paid for Saturdays and Sundays.
If the date of birth was 1 July 2011 or later, you can receive 100 percent of your parental benefits for a period of 47 weeks or 80 percent of your parental benefits for a period of 57 weeks.
If the date of birth was between 1 July 2009 and 30 June 2011, you can receive 100 percent of your parental benefits for a period of 46 weeks or 80 percent of your parental benefits for a period of 56 weeks.
If the date of birth was 30 June 2009 or earlier, you can receive 100 percent of your parental benefits for a period of 44 weeks or 80 percent of your parental benefits for a period of 54 weeks.
If the date of birth is 1 July 2011 or later, the father may receive parental benefits for 12 weeks in cases where the mother receives disability benefits.
Please note that the overall amount you will receive for your entire period of parental leave will be slightly lower if you choose to receive 80 percent of your benefits over a longer period than if you choose to receive 100 percent parental benefits.
The benefit period may be postponed:
due to a statutory holiday (not holidays determined by collective agreement)
if you are entirely dependent on help with childcare because you are sick
if you or the child have been admitted to a health institution
if you are in full-time work
If the father wishes to postpone the paternal quota, he must apply for this by the last day of the joint benefit period.
Parental benefits are not paid after the child has reached the age of 3.
In the case of multiple births, the parents are entitled to full daily cash benefits for five more weeks(seven weeks with reduced rate) for each child exceeding the first.
National Insurance Act: §14-7, 14-9
Act concerning Cash Benefit for Parents with Small Children: §10
NORDIC SOCIAL INSURANCE PORTAL;
NAV;
OFFICIAL WEBSITE GOVERNMENT OF NORWAY.
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Amount

Parental leave benefits: 48 weeks (240 days) with 80 per cent salary or up to 38 weeks (190 days) with 100 per cent salary. Cash benefit: Full cash benefit amounts to NOK 3,303 per month for one child.
National Insurance Act §14-9
Information from the Norwegian Labour and Welfare Administration: Information from the Norwegian Labour and Welfare Administration:

Financing of benefits

Social Insurance

The National Insurance Scheme is financed by contributions from employees, self-employed persons and other members, employer’s contributions and contributions from the State.

The following benefits are financed by contributions from the state only:
Lump sum grants in case of maternity and adoption grants to improve the functional ability of daily life basic benefit attendance benefit
supplementary pension for persons disabled at birth or early life
educational benefits childcare benefits transitional benefits for survivors and single, divorced and separated supporters benefits for surviving family nurses means-tested funeral grants.
NORDIC SOCIAL INSURANCE PORTAL;
NAV;
OFFICIAL WEBSITE GOVERNMENT OF NORWAY.

Paternity leave benefits


Qualifying conditions

In order to be entitled to parental benefit, the mother or father must have been employed and earning a pensionable income for at least 6 of the 10 months immediately prior to the commencement of the benefit period.
Working Environment Act § 14-6

Duration

Paternal quota (previously known as paternity leave)
If the father does not use the paternal quota, these weeks of leave expire.

The law was changed on 1 July 2009, and will be changed again on 1 July 2011 with regards to the length of the paternal quota. The date of the birth or adoption determines the length of your paternal quota.
If the date of birth or the date on which care for the child was assumed was on or after 1 July 2011, the paternal quota is 12 weeks (60 days of benefits).
If the date of birth or the date on which care for the child was assumed was between 1 July 2009 and 30 June 2011, the paternal quota is 10 weeks (50 days of benefits).
If the date of birth or the date on which care for the child was assumed was on or prior to 30 June 2009, the paternal quota is 6 weeks (30 days of benefits).

The law was changed on 1 July 2010 with regards to the requirements for the paternal quota.
If the date of birth or the date on which care for the child was assumed was on or after 1 July 2010, both parents must be entitled to parental benefits (have received a wage for at least six of the past ten months).
If the birth or adoption took place on or prior to 30 June 2010, it is a further requirement that the mother has earned the right to parental benefits through a 50% (or more) position.
National Insurance Act
NORDIC SOCIAL INSURANCE PORTAL;
NAV;
OFFICIAL WEBSITE GOVERNMENT OF NORWAY.
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Amount

80 per cent or 100 per cent of the salary, depending on which model of parental leave has been chosen by the parents (see parental leave benefits below).
National Insurance Act §14(9)
Information from the Norwegian Labour and Welfare Administration: Information from the Norwegian Labour and Welfare Administration:

Financing of benefits

Social insurance.

The National Insurance Scheme is financed by contributions from employees, self-employed persons and other members, employer’s contributions and contributions from the State.

The following benefits are financed by contributions from the state only:
Lump sum grants in case of maternity and adoption grants to improve the functional ability of daily life basic benefit attendance benefit
supplementary pension for persons disabled at birth or early life
educational benefits childcare benefits transitional benefits for survivors and single, divorced and separated supporters benefits for surviving family nurses means-tested funeral grants.
National Insurance Act
NORDIC SOCIAL INSURANCE PORTAL;
NAV;
OFFICIAL WEBSITE GOVERNMENT OF NORWAY.

Adoption leave benefits


Scope

The National Insurance Act covers all residents.
National Insurance Act §1-1

Qualifying conditions

You can receive parental benefits if you have been occupationally active and have had a pensionable income for at least six of the last ten months before the benefit period commences. Your annual income must be at least half of the national insurance basic amount. Equivalent to work are also periods during which you have received:
sickness benefits (sykepenger)
parental benefits on birth or adoption (foreldrepenger)
pregnancy benefits (svangerskapspenger)
care benefits in connection with the child or the person who usually minds the child being sick (omsorgspenger)
attendance allowance (pleiepenger) or training allowance (opplæringspenger)
unemployment benefits (dagpenger)
work assessment allowance (AAP)
Other circumstances may also be regarded as equivalent to working, including:
receiving pay from your employer whilst undergoing training
severance pay (ventelønn)
doing military or civil conscript service or mandatory civil defence service.
Parental benefits are not paid in connection with the adoption of your spouse’s children.
National Insurance Act §14-6, 14-14
Act concerning Cash Benefit for Parents with Small Children §7, 8
NORDIC SOCIAL INSURANCE PORTAL;
NAV;
OFFICIAL WEBSITE GOVERNMENT OF NORWAY.

Duration

The law was changed on 1 July 2009, and again on 1 July 2011. The duration of the benefit period depends on the date on which care for the child was assumed.

12 weeks are earmarked for the father (paternal quota) if care for the child was assumed on or after 1 July 2011. The remaining benefit weeks can be shared between the parents (the joint benefit period). If care for the child was assumed between 1 July 2009 and 30 June 2011, the paternal quota is 10 weeks.
If care for the child was assumed prior to 1 July 2010, the mother must have earned the right to parental benefits through a 50 percent position (at a minimum) in order for the father to be entitled to a paternal quota.
If care for the child was assumed prior to 1 July 2009, the paternal quota is six weeks.
If the father is going to receive parental benefits beyond the paternal quota, please note that special rules apply that set requirements for the mother. Read more about parental benefits for the father in connection with birth and adoption in the menu on the right.
If you have another child before the benefit period for the first child has been fully used, you lose the right to receive benefits for any remaining weeks for the first child. However, you are entitled to a full period of parental benefits for the second child.
National Insurance Act §14
Act concerning Cash Benefit for Parents with Small Children §10
NORDIC SOCIAL INSURANCE PORTAL;
NAV;
OFFICIAL WEBSITE GOVERNMENT OF NORWAY.
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Amount

51 weeks (255 working days) with 80 per cent salary or up to 41 weeks (205 working days) with 100 per cent of salary. Cash benefit: Full cash benefit amounts to NOK 3,303 per month for one child.
National Insurance Act §14-9
Information from the Norwegian Labour and Welfare Administration: Information from the Norwegian Labour and Welfare Administration:

Financing of benefits

Social Insurance.

The National Insurance Scheme is financed by contributions from employees, self-employed persons and other members, employer’s contributions and contributions from the State.

The following benefits are financed by contributions from the state only:
Lump sum grants in case of maternity and adoption grants to improve the functional ability of daily life basic benefit attendance benefit
supplementary pension for persons disabled at birth or early life
educational benefits childcare benefits transitional benefits for survivors and single, divorced and separated supporters benefits for surviving family nurses means-tested funeral grants.
NORDIC SOCIAL INSURANCE PORTAL;
NAV;
OFFICIAL WEBSITE GOVERNMENT OF NORWAY.
National Insurance Act

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Municipalities are responsible for primary health care for all inhabitants. Municipalities organise general practioner services, emergency departments, physiotherapy, public health centres, school medical centres, midwifery services and home nursing care. Municipalities are also responsible for ensuring that dental health care services are available.
Ministry of Health and Care Services
ACT 2011-06-24 no. 29 - Public Health Act

Financing of benefits

The Norwegian health care system is financed by taxation, together with income-related employee and employer contributions and out-of-pocket payments (co-payments). The financing and provision of hospital services is mainly the responsibility of the national government, financed by income and wealth taxation.

Ministry of Health and Care Services
ACT 2011-06-24 no. 29 - Public Health Act
NORDIC SOCIAL INSURANCE PORTAL;
NAV;
OFFICIAL WEBSITE GOVERNMENT OF NORWAY.
Ministry of Health and Care Services

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

A woman who is nursing her child is entitled to request the amount of time off necessary for this purpose, at least 30 minutes twice a day, or to request that her working hours be reduced up to 1 hour per day.
Working Environment Act §12-8

Remuneration of nursing breaks

The right to time off for nursing mothers is an unpaid right under the Working Environment Act.

Transfer to another post

Not provided
Working Environment Act

Nursing facilities

Not mentioned.
Working Environment Act

HEALTH PROTECTION


Arrangement of working time


Night work

Is not prohibited for either women or pregnant workers.
Prohibition for children under 15 years old or attending compulsory education.
Young persons between 15-18 years of age who are not attending compulsory education shall have an off-duty period of at least 8 hours including the time between 11 p.m and 6 a.m. Work between 9 p.m and 11 p.m is night work, and is not permitted unless necessitated by the nature of the work or unless there is an exceptional and time-limited need for night work.
Working Environment Act §10-11, 11-3

Overtime

An employee shall be entitled to exemption from performing work in excess of agreed working hours when he or she so requests for weighty social reasons.
Working Environment Act §12-6

Work on rest days

General prohibitions applicable to all workers not exclusively to pregnant workers.

Work on Sundays
(1) No work shall be performed from 6.00 p.m. on the day preceding a Sunday
or public holiday until 10.00 p.m. on the day preceding the next working
day. On Christmas Eve, and on the Saturdays preceding Easter Sunday and Whit Sunday no work shall be performed from 3.00 p.m. until 10.00 p.m.
on the day preceding the next working day. Work performed during these periods shall be regarded as work on Sundays and public holidays.
(2) Work on Sundays and public holidays is not permitted unless necessitated by the nature of the work.
(3) Before imposing work on Sundays and public holidays, the employer shall discuss the need for such work with the employees� elected representatives.
(4) In undertakings bound by a collective pay agreement, the employer and the employee�s elected representatives may enter into a written agreement concerning work on Sundays and public holidays when there is an exceptional and time-limited need for it.
(5) The employer and the employee may enter into a written agreement concerning work on Sundays and public holidays in cases other than those referred to in this section, allowing the employee corresponding time off on the days that are equivalent to Sundays and public holidays according to the employee�s religion. Such an agreement may be entered into notwithstanding the provisions of section 10-8, fourth paragraph.
Working Environment Act §10-10

Time off for medical examinations

Pregnant employees shall be entitled to leave of absence with pay for prenatal medical examinations when such examinations cannot reasonably take place outside working hours.
Working Environment Act §12-1

Leave in case of sickness of the child

Employees who care for children have a right to leave:
a) for the necessary supervision of the child when it is sick,
b) if the child is accompanied to a medical examination or other follow-up in connection with disease, or
c) if the person with daily childcare is sick or on leave pursuant to this section because of another child.
(2) The right to leave under this section shall apply to and including the calendar year the child turns 12 years old. An employee is entitled to leave up to 10 days each calendar year or up to 15 days if the employee is caring for more than two children. The employee has any right to leave when the care allowance, attendance allowance or training allowance from the State.
(3) If the child has chronic illness, chronic illness or disability and is therefore a marked increase of the risk that the employee is absent from work, the employee has the right to free after the first paragraph of up to 20 days each calendar year. The right to leave up to and including the calendar year the child turns 18. Employees are also entitled to leave to attend training at an approved health institution or public resource to deal with and treat the child.
(4) Employees who care for children have a right to leave if:
a) the child is hospitalized and the employee resides at the health institution,
b) the child is discharged from the health institution and the employee must stay home because the child needs continuous supervision and care, or
c) the child has life-threatening or other serious illness or injury.
By leave of the letters a and b in terms of age limits in the second and third paragraphs. Entitlement to leave pursuant to paragraph c applies to the calendar year the child turns 18, but regardless of age if the child is mentally retarded.
(5) An employee who has sole custody of children are entitled to double the number of days of leave that for the second and third paragraphs. The same applies if there are two about care, but one of them is long cut off from the supervision of the child on the basis of disability, admission to hospitals for long-term patient or similar conditions. The right to leave may be transferred by up to half of the days each calendar year to the mother or father with visitation rights or the employee lives with and who do not care for their children.
Amended by Act of June 20, 2008 No. 42 (about January 1, 2009 pursuant to Resolution. 20 June 2008 No. 631).
§ 12-10. Caring for and care of close relatives

An employee who takes care of close relatives in the home in the final phase has a right to leave in 60 days for the care of the individual patient.
An employee is entitled to leave of absence for up to 10 days each calendar year to provide necessary care to parents, spouse, partner or registered partner. The same applies to the necessary care for disabled or chronically ill children from the calendar year after the child turned 18 years old when the employee has had to care for the child as specified in § 12.9, third paragraph. The Ministry may issue regulations concerning the documentation of the necessary care.
Amended by Act of Apr. 9, 2010 No. 11 (about 1 July 2010 pursuant to Resolution. April 9, 2010 No. 499).
Working Environment Act §12-9,12.10

Other work arrangements

General provisions applicable to all workers

Breaks
(1) An employee shall have at least one break if the daily working hours exceed five hours and 30 minutes. The breaks shall collectively amount to at least 30 minutes if the daily working hours total at least eight hours. When the employee is not free to leave the workplace during the break or where there is no satisfactory break room, the break shall be regarded as part of the working hours. When conditions so necessitate, the break may be postponed.
(2) When an employee works more than two hours after normal working
hours, the employee shall be allowed a break of at least 30 minutes. The
break is regarded as part of the working hours. Breaks which come after the end of ordinary working hours shall be subject to remuneration as overtime but shall not be included in the number of hours it is permitted to work overtime pursuant to section 10-6. When conditions so necessitate, the break may be reduced or postponed.
Working Environment Act §10-9

Dangerous or unhealthy work


General

An employee who, according to law, has to refrain from working for a certain period prior to confinement due to hazardous working conditions/environment, is enttiled to pregnancy benefits from the time she stops working, without reducing the entitlement to paid leave after confinement
National Insurance Act §14-4

Risk assessment

Not specifically provided for pregnant workers, but there are legal provisions regarding requirements for the safety of working environments.
If an employee suffers reduced capacity for work as a result of an accident,
sickness, fatigue or the like, the employer shall, as far as possible, implement the necessary measures to enable the employee to retain or be given suitable work. The employee shall preferably be given the opportunity to continue his normal work, possibly after special adaptation of the work or working hours, alteration of work equipment, rehabilitation or the like.
Working Environment Act §4.1-7.4

» Assessment of workplace risks

Instruments in the working environment
Requirements for systematic health, environment and safety
(1) To ensure that the interests of worker health and safety are protected, the employer shall ensure that systematic health, environment and safety at all levels of business. This should be done in cooperation with workers and their representatives.
(2) Systematic health, environment and safety work means that the employer shall:
a) establish goals for health, safety and security,
b) an overview of the business organization, including how responsibilities, tasks and authority to work with health, safety and security is distributed,
c) identify hazards and problems and on this basis, assess risk factors in the business, develop plans and implement measures to reduce risk,
d) the planning and implementation of changes in the business, whether the work environment will be in accordance with statutory requirements, and implement the necessary measures.

The safety representative shall safeguard the interests in matters affecting the working environment.
The safety representative shall ensure that the business is organized and maintained, and that work is performed in such a way that promotes the safety, health and welfare are safeguarded in accordance with the provisions of this Act.
(2) The safety representative shall in particular ensure:
a) the equipment, technical devices, chemical substances and processes not exposed to danger,
b) that the protective devices and personal protective equipment is provided in adequate numbers, it is easily accessible and in proper condition,
c) that employees receive the necessary instruction, practice and training;
d) the work is otherwise arranged so that workers can perform work on health and safety.
Working Environment Act Chapter’s 3,5

» Adaptation of conditions of work

Adaptation for employees with reduced work
(1) If an employee has been reduced work due to accident, sickness, fatigue, etc., the employer shall, as far as possible, take appropriate measures to enable the employee to retain or obtain suitable work. Employees shall preferably be given the opportunity to continue his normal work, or by special arrangement of the work or working hours, changes to work equipment, reviewed work-related measures or
Working Environment Act §4-6

» Transfer to another post

Where, in pursuance of subsection is necessary to transfer an employee to other work, the employee and the employee representatives shall be consulted before the case is decided.
The employer shall, in consultation with the employee prepare follow-up plan for return to work in conjunction with accident, sickness, fatigue, etc., unless this is clearly unnecessary. Work on the follow-up should begin as early as possible, the plan should be prepared no later than when the employee has been totally or partially absent from work for four weeks. Follow-up plan should include an assessment of the employee’s duties and work. The plan should also include appropriate measures by the employer, appropriate measures with assistance from the government and plan for further action. The employer shall submit follow-up of personnel certified as soon as it is drawn, and no later than after four weeks, and the Labour and Welfare Service for the provision of the Insurance Act § 25-2 third and fourth paragraphs.
(4) The employer shall invite the employee to the dialogue about the content of follow-up no later than seven weeks after the employee has been totally or partially absent from work due to accident, illness, fatigue or the like, unless this is clearly unnecessary. Occupational health should be represented at the meeting. Personnel certified to participate in the meeting unless the employee does not want it or not considered appropriate, see Insurance Law § 25.5 a. The employer shall provide information to the Labour and Welfare of follow-up and dialogue for the provision of the Insurance Act § 25-2, third paragraph.
The Ministry may by regulation issue further provisions on implementation of the requirements of this section.
Working Environment Act §4-6

» Paid/unpaid leave

Not mentioned.
Working Environment Act

» Right to return

Not mentioned.
Working Environment Act

Particular risks

Pregnancy benefits are given to healthy pregnant women who cannot continue work during their pregnancy because it may cause harm to the foetus. Examples of particular risks are:
Work with chemicals, physically exhausting labour, particular stressful work, psycho-social circumstances.
NORDIC SOCIAL INSURANCE PORTAL;
NAV;
OFFICIAL WEBSITE GOVERNMENT OF NORWAY.

» Work involving exposure to biological, chemical or physical agents

Pregnant women shall either be assigned tasks that do not involve exposure to radiation, or be protected from radiation by other appropriate measures.
Act on Radiation Protection and Use of Radiation §8

» Working requiring special equilibrium

Pregnant women who work with narcotic gases must be transferred to other work.
Regulation concerning work with narcotic gases

» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)

Pregnant women who work with cytostatic agents must be transferred to other work.
Regulations concerning the handling of cytostatic agents

NON-DISCRIMINATION AND EMPLOYMENT SECURITY

Direct and indirect discrimination on the basis of political views, membership of a trade union, sexual orientation, disability or age is prohibited.
Harassment and instruction to discriminate persons for reasons referred to in the first paragraph are regarded as discrimination.

In the case of discrimination on the basis of gender, the Gender Equality
Act shall apply.
In the case of discrimination on the basis of ethnic origin, national origin,
descent, colour, language, religion and ethical and cultural orientation, the Discrimination Act shall apply.

The provisions of this chapter shall apply to all aspects of employment,
including:
a) advertising of posts, appointment, relocation and promotion,
b) training and other forms of competence development,
c) pay and working conditions,
d) termination of employment.

The provisions of this chapter shall apply correspondingly to the employer’s selection and treatment of self-employed persons and contract workers.
Working Environment Act §13-1,13-2

Anti-discrimination measures

Direct or indirect differential treatment of women and men is not permitted. Different treatment that promotes gender equality is not a contravention to this provision. The same applies to special rights and rules regarding measures that are intended to protect women in connection with pregnancy, childbirth and breastfeeding. The King may prescribe further provisions as to which types of different treatment are permitted, including provisions regarding affirmative action in favour of men in connection with care of children. In connection with the employment, promotion, dismissal or lay-off of employees, no difference must be made between women and men in contravention of the above.
The Gender Equality Act §3-3a, 4
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Prohibition of pregnancy testing

Not expressly referred to pregnancy test. However, an employer may only require medical examinations to be conducted:
a) when required by law or regulation,
b) at positions that involve special risks,
c) when the employer finds it necessary to protect life or health.
(2) The Ministry may issue regulations concerning the conditions to require medical examinations under this section.
Working Environment Act §9.4

Protection from discriminatory dismissal

Protection against dismissal during pregnancy or following the birth or
adoption of a child
(1) An employee who is pregnant may not be dismissed on grounds of pregnancy.
Pregnancy shall be deemed to be the reason for dismissal of a pregnant employee unless other grounds are shown to be highly probable. If so required by
the employer, a medical certificate of pregnancy shall be produced.
(2) An employee who has leave of absence pursuant to sections 12-2, 12-3, 12-4 or 12-5, first paragraph, for up to one year, shall not be given notice of dismissal that becomes effective during the period of absence if the 58employer is aware that the absence is due to such reasons or the employee notifies without undue delay that the absence is due to such reasons. If the employee is lawfully dismissed at a time falling within this period, the notice is valid but shall be extended by a corresponding period.
(3) In the case of an employee who has leave of absence pursuant to section 12-5, second paragraph, or section 12-6 in excess of one year, the first paragraph, first and second sentence, shall apply correspondingly.
Working Environment Act §15-9

Burden of proof

If the employee or job applicant submits information that gives reason to believe that discrimination has taken place in contravention of the provisions of this chapter, the employer must substantiate that such discrimination or retaliation has not occurred.

Pregnancy shall be regarded as the reason for dismissal of a pregnant employee unless other grounds are shown to be highly probable.
Working Environment Act §13-8, 15-9

Guaranteed right to return to work

The right to return to the same job is not expressly provided.
However, is established in the norm, that in the event of a dispute concerning whether an employment relationship has been legally terminated pursuant to the provisions of section 15-7, an employee may remain in the post as long as negotiations are in progress pursuant to section 17-3.
Working Environment Act §15-11

Results generated on: 25th October 2014 at 03:27:05.
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