Government proposes unpaid leave right for care of family members over 18 years

In December 2009, the Norwegian government put forward a legislative proposal that would grant workers the right to unpaid leave for up to 10 days a year to take care of close family members over the age of 18 years. The proposal has been supported by both the employee and employer side, although some have expressed concerns that the measure may lead to increased gender inequality in the workplace, since women are more likely than men to take time off work to provide care.

The Norwegian government issued a legislative proposal (in Norwegian) in December 2009 to grant all workers the right to unpaid leave for up to 10 days a year to care for close family members over the age of 18 years. It is expected that the legislative proposal will be adopted by the parliament (Stortinget) in the spring of 2010.

Reasons for proposal

Demographic developments such as the increasing number of elderly people will also generate a growing demand for social care services, including from close relatives or family members. A large proportion of these care providers will also be in active employment. These developments have prompted the Ministry of Labour and Social Inclusion (Arbeids- og inkluderingsdepartementet), which is responsible for drafting the proposal, to argue in favour of adjustments enabling employees to combine work with care responsibilities. The ministry also believes that such leave of absence should not substitute the responsibilities of the national authorities in providing care services for elderly persons and others needing help and care. The leave may, however, give elderly people the opportunity to live and be cared for in their homes for longer than they would otherwise be able to, because relatives may provide assistance in situations where they have extraordinary needs or in particularly difficult circumstances. This help or care may take the form of being accompanied to the doctor or dentist, having relatives present during home visits from social workers, or receiving assistance in situations of acute illness of a less serious nature.

Details of new provisions

The government proposal involves the incorporation of a new provision into the Working Environment Act (Arbeidsmiljøloven), giving workers the right to unpaid leave from work for up to 10 days a year to care for close family members over the age of 18 years. It has been highlighted that although such a right to leave for care purposes (‘welfare leave’) is already established in some collective agreements, the introduction of a statutory right imposes a much stronger right. Trade unions and employer organisations have both given their support to the new regulations on the grounds that it meets a need for flexibility which is being increasingly felt by more workers.

Issue of compensation

However, pay compensation for leave of absence to assist close family members is not part of the proposal. The government’s main argument against introducing such compensation is that the costs will be too great, and that the purpose of introducing such a right to leave is primarily to enable employees to get time off work to care for close relatives. As it stands, the proposal has the support of the employer organisations; however, several trade union organisations want the leave to be compensated, arguing that it would lead to greater equality between women and men as greater numbers of men would take more leave. Nevertheless, the Ministry of Labour and Social Inclusion points out that the new provisions do not prevent the issue of compensation being subject to regulation through collective agreements.

Need for documentation

The initial discussions also addressed the issue of whether or not to impose an obligation on the employee, if requested by the employer, to document the actual need to take leave of this type. The ministry has concluded that there is no need for such a provision, since the new regulations do not involve any right to economic compensation. The employers had initially wanted such a duty to be introduced.

Family members covered by scheme

The discussion also centred around which family members are to be covered by the scheme. Under the legislative proposal, the right is limited to parents, spouses or registered partners, and chronically ill or disabled children aged over 18 years. The government is also proposing to extend the right to leave for the care of close relatives in the terminal phase of an illness from 20 to 60 days. In this latter case, the employee may receive compensation through the National Insurance Scheme (Folketrygden).

Commentary

Although few have been critical about extending the right to leave, some have highlighted that it may lead to increased gender inequality in the workplace since women are far more likely than men to take time off work to provide care. However, the Ministry of Labour and Social Inclusion rejects the argument that the system will have negative consequences for gender equality in the workplace. Instead, it emphasises that the opportunity to take time off work must be seen as a benefit to those who are experiencing problems in combining work and care responsibilities.

Kristine Nergaard, Fafo