What does the law say about returning to work after parental leave?

For you as an employee

When do I need to notify that I am returning from parental leave?

An employee can end their parental leave earlier than planned and must notify the employer as soon as possible. If the leave would last longer than one month, the employer can postpone the return for up to one month after the notification.

Do I have the right to return to the same position after parental leave?

Upon returning from parental leave, as an employee, you have the right to return to the same position or, if not possible, to a comparable or similar job. As an employee, you can reduce your working hours by up to 25% until the child turns 8, and the employer must facilitate the combination of work and parenthood. You have the right to take parental leave when needed until the child turns 12 without discrimination.

Can I be terminated or resign during parental leave?

If you, as an employee, are terminated during parental leave, the notice period starts from the date you were supposed to return to work. If you, as an employee, resign during parental leave, the regular notice rules apply, and the employment can be terminated before the return.

For employers

What applies when an employee returns from parental leave?

As an employer, you have an obligation to offer the same position or a comparable or similar job that the employee had before taking parental leave. If the employee wants to return to work earlier than notified, they have the right to do so, but you as an employer can postpone the return for up to one month if the leave was planned to last longer than one month.

As an employer, you have an obligation to facilitate the employee in combining work and parenthood, allow the employee to reduce working hours by up to 25%, and allow parental leave without questioning, for example, how the employee and any partner schedule the leave. However, as a general rule, the employee and you as an employer should agree on the scheduling of the leave to avoid significant disruption to the operations or inconvenience to the employee.

What happens if you, as an employer, terminate an employee during parental leave?

If you, as an employer, terminate an employee during parental leave, the notice period does not start until after the parental leave would have ended. In this case, you are still obligated to pay salary and employment benefits during the notice period.

In summary

• As an employee, you have the right to return to the same, similar, or equivalent work after parental leave. However, the employer has the right to postpone the return in certain cases.
• As an employee, you have the right to request flexible working hours and reduce your working hours until the child turns 8 years old. The employer also has a duty to facilitate the employee in balancing work and parenthood.
• The employee has the right to take care of a sick child (VAB) until the child turns 12 years old.
• As a general rule, the employer and the employee should agree on the scheduling of parental leave, and the employee's leave should not cause significant disturbance to the employer's operations.