Parental leave
The Parental Leave Act is a central part of Swedish labor law and gives employees the right to combine work with family life. At the same time, the act imposes requirements on both employers and employees. As specialized labor law attorneys, we help both employers and employees navigate the rules surrounding parental leave safely and correctly.
The Parental Leave Act regulates parental leave.
The Parental Leave Act in Sweden (1995:584) regulates employees' right to leave in connection with the birth or adoption of a child, and during the period the child requires care and supervision. The Act is a central part of Swedish labor law and aims to facilitate the combination of gainful employment and family life.
Right to parental leave according to the law
An employee is entitled to:
- Parental leave in connection with the birth of a child.
- Leave for as long as parental allowance is paid out from the Swedish Social Insurance Agency.
- Possibility of partial leave, for example, by working part-time by reducing working hours by up to a quarter (25%) until the child reaches the age of eight or completes their first year of school.
- The law also includes the right to leave for temporary care of children (VAB).
By law, each parent can split their parental leave into a maximum of three periods per calendar year.
Notification and planning of parental leave – what applies?
To be able to utilize their right to parental leave, the employee must notify the employer of the leave well in advance, normally at least two months beforehand. How the leave should be taken should, as far as possible, be decided in consultation between the employer and the employee.
Protection against discrimination
The Parental Leave Act contains protection against unfavorable treatment. This means that an employee may not be treated worse for reasons related to parental leave, for example, in terms of salary setting, promotion, or changes to employment conditions. Such matters can also be reviewed under the Discrimination Act (2008:567).
Employer and Employee Responsibilities During Parental Leave
For employers, it is important to have clear procedures for handling parental leave, including planning for absences, the need for substitutes, and returning to work.
Employees should in turn ensure that leave is planned well in advance and that necessary notifications and consultations are made in accordance with legal regulations.
Can an employer deny parental leave?
No, an employer cannot deny an employee's right to parental leave according to the Parental Leave Act. The right to leave is statutory and applies when the conditions are met. However, the employer has the right to discuss how and when the leave should be taken so that the business functions as well as possible. In case of disagreement, the employee's right to leave normally takes precedence.
Support for parental leave questions – How we work
The Parental Leave Act can be complex, especially in cases of conflict or unclear situations. RB Jurist offers qualified advice in labor law and parental leave.
We assist with, among other things:
- Disputes between employer and employee.
- Bedömning av om det föreligger missgynnande eller diskriminering.
- Review of policies and internal procedures.
- Termination during parental leave
Do you need legal assistance regarding parental leave?
Do you need legal advice on parental leave rights or obligations under the Parental Leave Act? Contact our law firm for professional guidance, whether you are an employer or an employee.
Frequently asked questions about parental leave laws
Who is covered by the right to parental leave?
All employees in Sweden have the right to parental leave according to the law, regardless of their employment form. The right applies to both biological parents and adoptive parents.
Can an employer deny parental leave?
No, employers generally cannot deny statutory parental leave. However, a discussion may be required regarding how the leave will be scheduled.
When must the employee notify the employer about parental leave?
The main rule is that the employee must notify the employer at least two months before the leave begins.
Can an employee be dismissed during parental leave?
A termination may not be related to parental leave. However, it is possible to terminate an employee during parental leave, for example, during a reorganization.
What applies regarding vacation and parental leave?
Holidays are affected depending on how long an employee is on leave. Certain parental leave is considered holiday-qualifying according to law.
How long is an employee entitled to reduce their working hours as a parent?
An employee has the right to reduce their working hours by up to 25% % until the child turns 8 years old or completes their first year of school.
When is an employee not entitled to parental leave?
An employee cannot take parental leave without following the legal requirements for notification and the form of leave. In some cases, the employer can postpone the leave if it is reported too late or if the business risks being seriously affected, but the right to leave remains and should generally be granted at a later time.