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In this episode of our Cross-Border Catch-Up podcast series, Diana Nehro (shareholder, New York/Boston), who is the chair of the Cross-Border Practice Group, and Maya Barba (associate, San Francisco) unpack Denmark’s parental leave model and discuss what employers should know for leave management and workforce planning in Denmark. The speakers explain the phased structure that gives each parent their leave entitlement, including non-transferable weeks that encourage uptake, plus flexible portions that can be postponed.

Transcript

Announcer: Welcome to the Ogletree Deakins podcast, where we provide listeners with brief discussions about important workplace legal issues. Our podcasts are for informational purposes only and should not be construed as legal advice. You can subscribe through your favorite podcast service. Please consider rating this podcast so we can get your feedback and improve our programs. Please enjoy the podcast.

Diana Nehro: Welcome to the Cross-Border Catch-Up, the podcast for global employers who want to stay in the know about cutting-edge employment issues worldwide. My name is Diana Nehro, and I’m here with my colleague, Maya Barba. We’re both cross-border attorneys here at Ogletree. Maya is back with us after spending some time abroad, and we’re so excited to have her share some of the employment related observations she picked up along the way. So Maya, welcome back, and thank you so much for being here.

Maya Barba: Of course. Thanks for that, Diana. I’m so happy to be back. So, one theme I found myself reflecting on a lot during my travels was how cultural values shape employment and workplace practices, and how differently that can look from country to country. For today’s conversation, I wanted to focus on one of those examples, and this is something I’m hoping to continue sharing these sorts of observations in future episodes, always through the lens that’s relevant for global employers. To start that off, I wanted to talk about parental leave in Denmark today.

Diana Nehro: It sounds like a perfect place to start. What should our listeners know about Denmark’s approach?

Maya Barba: So, Denmark is consistently ranked as one of the happiest countries in the world. And one thing that really stood out to me during my time there was how visibly work-life balance is woven into everyday life. From a U.S. perspective, I was struck by how common it was to see young families, both mothers and fathers out, and about with their children, even during the workday. And that visibility isn’t actually a coincidence. It directly reflects Denmark’s robust parental leave system.

Diana Nehro: That is so interesting. So, how does this system actually work in practice?

Maya Barba: When we talk about parental leave in Denmark, one of the most striking features is just how much leave each parent is entitled to. While the system is structured across different phases, the headline takeaway for employers is that salaried employees are essentially entitled to about 24 weeks of leave each. For mothers, leave begins with four weeks of pregnancy leave before the expected due date. And after the child is born, there’s a two-week period of leave immediately following the birth that’s reserved exclusively for the mother and is non-transferable.

So, after that leave period, mothers have an additional eight weeks of leave that must be taken within the first 10 weeks after birth, though there is some flexibility if they return to work on a part-time basis. And then after that, there’s nine weeks of non-transferable leave reserved specifically for the mother, which must be taken within that first year. Finally, there’s five additional weeks that can either be taken within the first year or postponed, sometimes until the child is as old as nine, if certain conditions are met. Taken together, mothers have well over 20 weeks of leave that are guaranteed specifically to them, plus access to shared leave.

Diana Nehro: And how does that compare for fathers or co-parents?

Maya Barba: So, fathers or co-parents are entitled to two weeks of leave at birth, which can be taken immediately or flexibly over the first 10 weeks. They also have their own nine weeks of non-transferable leave, which is a key feature of Denmark’s system and is designed to encourage both parents to take time away from work. In addition, fathers or co-parents have 13 weeks of leave that can be transferred to the other parent if they choose. Like mothers, portions of this leave can be postponed or extended under certain circumstances, which gives families meaningful flexibility in how they balance work and their caregiving responsibilities.

Diana Nehro: The non-transferable element is really interesting, especially from a policy perspective.

Maya Barba: I agree. So, those non-transferable weeks really encourage both parents to use their leave, but then the transferable weeks allow employees some flexibility with arranging and using their leave in a way that works for them.

Diana Nehro: Yeah, that makes sense. So, turning to the employer side of things, how does pay work during this leave?

Maya Barba: That’s an important question. So, statutory parental leave benefits are paid through Denmark’s public benefits system, but they are subject to a weekly cap and don’t necessarily replace full salary. Whether an employee receives full or partial pay during the leave often depends on collective bargaining agreements or individual employment agreements. So, from an employer perspective, it’s important to review the agreements that apply to their workforce. And understanding the nuances of those arrangements is critical when managing leave expectations in workforce planning in Denmark.

Diana Nehro: Very interesting. Such a helpful overview on how Denmark does things from this perspective. Thank you so much, Maya. I think that’s all the time we have for today’s episode. Thank you for joining us for this edition of Cross-Border Catch-Up. Be sure to follow us to stay in the know about cutting-edge employment issues worldwide.

Announcer: Thank you for joining us on the Ogletree Deakins podcast. You can subscribe to our podcast on Apple Podcasts or through your favorite podcast service. Please consider rating and reviewing so that we may continue to provide the content that covers your needs. And remember, the information in this podcast is for informational purposes only and is not to be construed as legal advice.

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