Parental leave legislation to be reviewed

In October 2001, the Swedish government commissioned a review of the legislation on parental leave, after a parliamentary committee found that there was probably a need to strengthen employment protection for employees taking such leave. The examination of this issue has been added to a study of labour law as it relates to job security already being conducted by the National Institute for Working Life.

In early October 2001, the government commissioned the National Institute for Working Life (Arbetslivsinstitutet, ALI) to examine the current rules on employment protection during parental leave, primarily considering amendments to the present Parental Leave Act (föräldraledighetslagen,SFS 1995:584) and Employment Protection Act (anställningsskyddslagen, SFS 1982:80). This review has been added to the brief given by the government to ALI in July 2000 to conduct a study of a possible overhaul of certain important aspects of labour legislation concerning job security, in the light of changes in the labour market and the economy, such as growth of 'atypical' work (SE0008158N). The final report should have been ready in autumn 2001, but the deadline has been put back until 31 October 2002.

The new assignment for ALI was initiated by parliament, whose labour market committee found in a recent report (2000/01:AU9) that some employers make it difficult for parents to use their legal rights to leave. There are strong reasons, the committee stated, to investigate if there is a need to strengthen the employment protection for employees who choose to use their right to parental leave in different situations of parenthood.

The Parental Leave Act contains rules on employment protection, maintenance of employment conditions and benefits during parental leave and guarantees that employees should not receive worse employment conditions if they choose to use their parental leave rights. Employees may not be dismissed solely because of taking parental leave. According to the Employment Protection Act, a dismissal must be based on objective grounds, and notice of dismissal may refer only to the grounds of personal reasons or work shortage. Under the Parental Leave Act, employees need not accept any deterioration in their terms of employment or working conditions except where this has occurred as a result of their taking leave or intending to do so. The employee is not obliged to accept a transfer to another post while on parental leave, if the transfer is a direct consequence of the leave. As the government states in its decision to commission the new study, parents with small children should be able to combine work and parenthood without difficulties (N 2001/4141/ARM and N 2001/6439/ARM).

According to the parliamentary committee, it is important that these legal rules do not result in unfair treatment in any respect. However, it found indications that some employees are being affected negatively by taking parental leave. Workers on parental leave are more often than others affected by dismissals, while there are cases where such employees are transferred to another post, deprived of some promotions and skill development measures or experience a worse wage development than other workers.