Can I get maternity/paternity benefits?
In
order to get maternity/paternity benefits during the leave, you must meet the
usual requirements, including the employment requirement, which means that you
need to be employed or a member of an unemployment insurance fund. It is also a
requirement that you spend time together with your child daily (in person).
Read more about the requirements for
employment on these pages under:
How you can plan your leave
Families where the
parents live together when the child is born are each generally entitled to 24
weeks of leave with maternity/paternity leave benefits after birth.
You can plan your
leave so that it suits your working and family life circumstances.
You can choose to
transfer some of the weeks of leave to each other. This means that a parent can
take more than 24 weeks of leave with maternity/paternity leave benefits if the
other parent has transferred leave. Read more about transferring leave lower on
the page.
Please note that in
some situations there are special rules for your leave. For example, if you do
not live together from the time of birth and you also have sole custody.
Read more in the
‘Situations that might affect your leave’ section.
How the leave is structured for the parents
As a general rule, you and
the child's other parent each have 24 weeks of leave after the birth of the
child if you live together at the time of birth.
Number of weeks |
Rules for leave if you live together at the time of birth |
6 weeks of leave |
Each parent is entitled to 6 weeks of maternity/paternity leave benefits which to be taken within the first 10 weeks after the birth. It is a condition that you are registered in the CPR registry as the legal parent of the child before you can receive maternity/paternity leave benefits or your employer can be reimbursed.
4 out of the 6 weeks can be transferred to the other parent. If transferred, the weeks of leave must still be taken within 10 weeks of the child's birth.
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18 weeks of leave |
After the first 10 weeks after the birth of the child, each parent has 18 weeks of maternity/paternity leave benefits which must generally be taken within the first year after the birth of the child.
If the parent is an employee or becomes an employee within the first year after the birth of the child, 9 of the 18 weeks of leave cannot be transferred to the other parent or a social parent. The 9 weeks must be taken within the first year unless the parent is prevented from taking them in the last 9 weeks before the child turns 1 year old due to special circumstances.
If the parent is not an employee, the 18 weeks of leave can be transferred to the other parent or a social parent.
It may be possible to extend or postpone all or part of the leave until the child turns 9 years old if the conditions for postponement are met.
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6 weeks of leave:
Within the first 10 weeks
after giving birth, you are each entitled to take 6 weeks of
maternity/paternity leave benefits. You can take your leave at the same time.
4 out of the 6 weeks can be
transferred to the other parent, but please note that the weeks must still be
used within 10 weeks of the birth.
18 weeks of leave:
After the first 10 weeks
after the birth of the child, you are each entitled to take 18 weeks of leave
with maternity/paternity leave benefits if you live together at the time of
birth. The leave must generally be taken within the first year after birth.
If you do not live together
at the time of birth or are in a special situation, there are special rules for
the leave. Read more in the ‘Situations that might affect your leave’ section.
If you are an employee or
become an employee within the first year after the birth of the child, 9 of the
18 weeks of leave cannot be transferred to the other parent or a social parent.
You must take the 9 weeks yourself within the first year after the child's
birth unless you are prevented from taking the leave due to special
circumstances in the last 9 weeks before the child turns 1 year old - otherwise
the 9 weeks of leave will be cancelled.
If you are not an employee,
the 18 weeks can be transferred to the other parent or a social parent.
There are different options
for extending and postponing your leave. The options depend on your situation.
Leave as a surrogate mother
As a surrogate mother, you may be entitled to leave with
maternity/paternity leave benefits if you fulfil the following conditions:
-
You must be
covered by social security in Denmark,
- and you
must fulfil the general conditions for receiving maternity/paternity leave
benefits, including the employment requirement.
As a general rule, you are
covered by social security in the country where you work. This means that if
you as a surrogate mother live in Sweden but work in Denmark, you will
generally be covered by social security in Denmark.
Before the birth:
As a
surrogate mother, you can start your leave 4 weeks before you expect to give
birth.
If
you fall ill due to your pregnancy, you can go on leave earlier than 4 weeks
before your expected due date. This means that your pregnancy leave can be
extended and start earlier than 4 weeks before the expected birth.
During
your absence, you can receive maternity/paternity leave benefits if you fulfil
the conditions for being entitled to maternity/paternity leave benefits. If you
are paid during your absence, your employer can instead get reimbursed for your
maternity/paternity leave benefits.
If
you are an employee, you must notify your employer of your illness, who must
then report your absence via NemRefusion no later than 5 weeks after the first
day of absence.
If
you are unemployed, you must report your sick leave to your unemployment
insurance fund within 8 weeks of giving birth.
In special
cases where you suffer from a pregnancy-related illness after giving birth, you
can extend your leave until 46 weeks after giving birth.
After the birth:
You
are entitled to 2 weeks of leave with maternity/paternity leave benefits after
giving birth. The leave must be taken directly after the birth of the child.
When
the 2-week leave ends, you are entitled to 8 weeks of leave with
maternity/paternity leave benefits. The leave must generally be taken within
the first 10 weeks after the birth of the child, i.e. in direct continuation of
the 2-week leave.
However,
you can, in agreement with your employer, resume work partially during the
leave and extend the leave beyond the first 10 weeks after the birth.
You
cannot transfer or postpone the combined 10 weeks of leave. This means that if
you do not take the leave yourself, it will be cancelled.
As a
surrogate mother, you do not have to fulfil the usual visitation rules of being
with the child on a daily basis during your leave in order to be entitled to
leave with maternity/paternity leave benefits. This means that you can receive
maternity/paternity leave benefits even if you do not have physical contact
with your child every day during your leave.
Number of weeks |
Rules for leave as a surrogat mother |
4 weeks of pregnancy leave |
You
can receive maternity/paternity leave benefits during pregnancy leave that you
can take 4 weeks before the due date. |
2 weeks of leave after birth |
The
leave must be taken immediately after the birth of the child and starts the day
after the birth. Leave cannot be transferred, extended or postponed. |
8 weeks of leave after birth |
When
the 2 weeks of leave end, you will continue having 8 weeks of leave with
maternity/paternity benefits. The leave must be taken within the first 10 weeks
of the child being born. You cannot transfer or postpone your leave. You
can, via an agreement with your employer, resume work partially during the
leave and extend the leave beyond the first 10 weeks after the birth. |
Leave as a foreign surrogate mother
If
you are a foreign surrogate mother, you are generally not entitled to
maternity/paternity leave benefits in Denmark unless you are covered by social
security in Denmark.
For
example, if you are a surrogate mother living in Sweden but working in Denmark
and are therefore covered by social security in Denmark.