What does transferring leave mean?
As a parent, you can choose to transfer parts of your leave to each other so that it best suits your working and family life circumstances. There are different rules for which weeks can be transferred and different deadlines for when the leave must have been taken.
When can I transfer leave?
You can only transfer leave to the other parent once your child is born.
Who can I transfer to?
In order to transfer and receive leave, you must be the legal parent of the child.
In order to get maternity/paternity benefits during the leave that you have been transferred, you must also meet the usual requirements, including the employment requirement, which, for example, means that you need to be employed. Read more under ‘Can I get maternity/paternity benefits?’.
If a parent is not able to transfer leave to the other parent, the other parent can apply to Udbetaling Danmark – Public Benefits Administration and ask them to do it. For example, this may be in cases where the parent has had an accident and is not conscious.
How much leave can we transfer to each other?
As a general rule, each parent is entitled to 24 weeks of leave after birth with maternity/paternity benefits if the parents live together when the child is born.
If you are self-employed, up to 22 weeks of the leave can be transferred to the other parent.
If you do not live together when the child is born or if you are otherwise in a special situation, there is another distribution of the leave and thus another number of weeks that can be transferred.
Contact Udbetaling Danmark – Public Benefits Administration if you would like more information.
Leave for the mother if you live together when the child is born:
- 2 weeks of leave at birth – cannot be transferred
- 8 weeks of leave – can be transferred in some situations
- 14 weeks of leave – can be transferred
Leave for the father or co-mother if you live together when the child is born:
- 2 weeks of leave at birth – cannot be transferred
- 22 weeks of leave – can be transferred
If a mother, father or co-mother is self-employed, you can read about your situation here:
How much leave can the mother transfer?
As a mother that is self-employed, you can transfer up to 22 weeks of leave to the other parent if you live together when the child is born. You can transfer whole weeks or individual days.
Transferring the 8 weeks of leave
As a mother, you can choose to transfer up to 8 weeks of your leave in the period from the 3rd to 10th week after the child is born if:
- you resume working full time
- you continue directly on the 14 weeks of leave together with the child.
1) If as a mother you resume working full time in the period from the 3rd to 10th week after giving birth, you can transfer up to 8 weeks of leave to the other parent. Those up to 8 weeks of leave must be taken by the other parent within 10 weeks of the child being born.
2) If you start the 14 weeks of leave in the period from the 3rd to 10th week after giving birth, you can transfer up to 8 weeks of leave to the other parent. Generally speaking, the other parent must take the up to 8 weeks of leave within 1 year after the child was born and there is a possibility for postponement or extension up until the child reaches the age of 9.
Transferring the 14 weeks of leave
If you live together when the child is born, then you as a mother that is self-employed can also transfer up to 14 weeks of your leave scheduled for after the 10th week following the birth to the father or co-mother. Generally speaking, the father or co-mother must take the leave within 1 year of the birth of the child with a possibility for postponement or extension up until the child reaches the age of 9.
How much leave can the father or co-mother transfer?
As a father or co-mother that is self-employed, you can transfer up to 22 weeks of leave to the mother if you live together when the child is born. You can transfer whole weeks or individual days.
Generally speaking, the mother must take the leave within 1 year of the birth of the child with a possibility for postponement or extension up until the child reaches the age of 9.
If you are a salaried employee and also have your own company
If you have your own company and are also a salaried employee and fulfil the conditions for receiving maternity/paternity benefits as salaried employee, you will be subject to the rule stating that 9 weeks of leave cannot be transferred to the other parent.
You must take the 9 weeks of leave yourself as a salaried employee before the child reaches the age of 1 unless there are special circumstances that prevent you from doing so.
If you are no longer self-employed
It is your employment at the time of transfer that is critical in determining how much leave you can transfer to the other parent.
If you are a salaried employee at the time of transfer, you cannot transfer the 9 weeks of leave to the other parent. You must take the 9 weeks of leave yourself as a salaried employee before the child reaches the age of 1 unless there are special circumstances that prevent you from doing so.
Please note that if you become a salaried employee within the first year of the child being born, then in some cases you will be entitled to apply for 9 extra weeks of leave with maternity/paternity benefits as a salaried employee.
Contact Udbetaling Danmark – Public Benefits Administration if you would like more information.