Legislacion Sueca Maternidad

Non-official translation

Parental Leave Act (1995:584)
Issued 24 May 1995
Amendments: up to and including SFS 2006:442

The persons who are subject to the Act
Section 1 An employee has the right, as a parent, to leave from her or his employment in
accordance with this Act.
The same right extends to an employee who:
1. although not a parent, is the legal custodian and takes care of achild;
2. has taken a child for permanent care and fosterage into her or his home;
3. is permanently living together with a parent provided that the employee is, or has been,
married to, or has, or has had, a child with that parent.
Section 16 contains provisions on the prohibition of disfavourable treatment of job
applicants and employees. (SFS 2006:442)
Agreement between employer andemployee
Section 2 An agreement which limits an employee's rights under this Act is invalid in
that respect.
However, by a collective bargaining agreement that has been entered into or approved on
behalf of the employees by a central employees’ organisation which is referred to in the
Employment (Co-determination in the Workplace) Act (1976:580), deviations from the
Act may be made in respect ofissues regarding:
-- notice regarding leave (Section 13),
-- the time for the employee's notification of her or his return to work (Section 15, second
paragraph),
-- the time that the employer is entitled to postpone the employee's return to work
(Section 15, third paragraph).
By a collective bargaining agreement that has been concluded in the manner described in
the second paragraph, thedetailed application may also be determined regarding issues
relating to:
-- the distribution of leave (Sections 11 and 12),
-- the prohibition of disfavourable treatment (Section 16).

Non-official translation
Employers who are bound by collective bargaining agreements according to the second
or third paragraph may also apply the agreement to employees who are not members of
thecontracting employees’ organisation if the employees are engaged in the type of work
referred to in the agreement and are not covered by any other applicable collective
bargaining agreement. (SFS 2006:442)
The right to leave
Overview of the different types of parental leave for employees
Section 3 There are five types of parental leave for care of children, etc., namely:
1. Full leave for afemale employee in connection with her child's birth and for breast
feeding (maternity leave, Section 4).
2. Full leave for a parent until the child has reached 18 months or, subject to the parent's
receipt of full parental benefit, for time thereafter (full leave with or without full parental
benefit, Section 5).
3. Leave for a parent in the form of a reduction of normal working hours by threequarters, one half, one quarter or one eighth while the parent has three quarters, one half,
one quarter or one eighth parental benefit respectively (partial leave with parental benefit,
Section 6).
4. Leave for a parent in the form of a reduction of normal working hours by up to one
quarter until, in most cases, the child reaches the age of eight years (partial leave without
parentalbenefit, Section 7).
5. Leave for an employee's temporary care of a child (leave with temporary parental
benefit, etc., Section 8).
Sections 18 – 21 contain special provisions concerning leave and transfer of female
employees who are expecting children, have recently given birth to children, or who are
breast feeding. (SFS 2006:442)
Maternity leave
Section 4 A female employee is entitled to fullleave in connection with her child's birth
during a continuous period of at least seven weeks prior to the estimated time for delivery
and seven weeks after the delivery. If she is not on leave for another reason, two weeks
of this maternity leave shall be obligatory during the period prior to or after the delivery.
The employee is also entitled to be on leave for breast feeding the child....