Paid and unpaid leave
In certain cases, employees have a statutory right to leave. Whether an employee is entitled to paid or unpaid leave will partly depend on which leave he or she applies for and/or the reason for the leave. The leave will often be entirely or partly covered by benefits from NAV, paid either directly to the employee or as a refund to the employer. In other cases, the employer is obliged to cover the salary.
Overview of different types of statutory entitlement to leave
|Type of leave/reason for leave||Duration||Who pays||Legal basis|
|Pregnancy check-ups for pregnant women||All check-ups||Paid - covered by employer||Working Environment Act, Section 12-1 National Insurance Act, Section 14-4|
|Pregnancy leave||Up to twelve weeks during pregnancy||NAV (parental benefit)||Working Environment Act, Section 12-2|
|Care leave for the father or others assisting the mother||Two weeks||No statutory requirement for salary||Working Environment Act, Section 12-3|
|Care leave for adoptive and foster parents in connection with the transfer of care||Two weeks||No statutory requirement for salary||Working Environment Act, Section 12-3|
|Maternity leave for the mother||The last three weeks before birth and the first six weeks after birth||NAV (parental benefit)||Working Environment Act, Section 12-4 National Insurance Act, Section 14-9|
|Parental leave in connection with birth and adoption||Total of twelve months, including any pregnancy leave and maternity leave More if parental benefit is paid for a longer period||NAV (parental benefit) for 49/59 weeks in connection with birth and 46/56 weeks in connection with adoption. 17/21 additional weeks for multiple births or adoption of multiple children. 46/56 additional weeks with birth or adoption of three or more children.||Working Environment Act, Section 12-5 National Insurance Act, Section 14-9|
|Leave upon take-over of foster child||Up to 12 months. 24 months for parents with sole responsibility for care provision||Municipal remuneration||Working Environment Act, Section 12-5|
|Extended parental leave||12 months for each parent 24 months for parents with sole responsibility for care provision||No statutory requirement for salary||Working Environment, Section 12-5|
|Partial parental leave||Both parents can take parental leave as partial leave within a period of three years||NAV (parental benefit)||Working Environment Act, Section 12-6 National Insurance Act, Section 14-16|
|Breastfeeding breaks||The amount of time that the employee needs to breastfeed||Salary for up to one hour per day during the first year of the child’s life. Covered by the employer.||Working Environment Act, Section 12-8|
|Illness of children and childminders||Up to 10 days per year for each of the parents 15 days in the case of caring for more than two children.||he first ten days are covered by the employer. The employer can then claim refunds from NAV (carer’s allowance)||Working Environment Act, Section 12-9. National Insurance Act, Sections 9-5 - 9-9|
|Children with a chronic illness, long-term illness or disability||Up to 20 days per year for each of the parents, in addition to leave for training at an approved medical institution.||The first ten days are covered by the employer. The employer can then claim refunds from NAV (carer’s allowance). If an employee is only responsible for caring for one chronically ill or disabled child over 12 years of age, the employer can claim a full refund.||Working Environment Act, Section 12-9 National Insurance Act, Sections 9-5 and 9-9|
|Hospital stay for child||Up to three years when the child needs continuous monitoring and care||NAV (care allowance)||Working Environment Act, Section 12-9 National Insurance Act, Sections|
|Child with serious illness or injury||Up to three years when the child needs continuous monitoring and care||NAV (care allowance)||Working Environment Act, Section 12-9 National Insurance Act, Section 9-11|
|End-of-life care for close relative||Up to 60 days||NAV (care allowance)||Working Environment Act, Section 12-10 National Insurance Act, Section 9-12|
|Essential care for parent, spouse, cohabiting partner or registered partner||Up to 10 days per year||No statutory requirement for salary||Working Environment, Section 12-10|
|Essential care for disabled child over 18 years of age||Up to 10 days per year||No statutory requirement for salary||Working Environment, Section 12-10|
|Leave for education||Full-time or part-time for up to 3 years.||o statutory requirement for salary||Working Environment, Section 12-11|
|Military service||Military service and up to 24 months in connection with international peace operations||No statutory requirement for salary, but accrual of holiday pay for up to 3 months in each accrual year in connection with obligatory service.||Working Environment Act, Section 12-12 Annual Holidays Act, Section 10|
|Civic duties||Insofar as is necessary to fulfil the statutory duty||No statutory requirement for salary||Working Environment, Section 12-13|
|Religious festivals for employees not belonging to the Church of Norway||Up to 2 days per year during religious festivals.||Paid. The employer may request that days off be worked either in advance or retrospectively.||Working Environment Act, Section 12-15 Act on religious communities, etc., Section 27|
Advances from employers
As employer, you can choose to pay advances on benefits which your employees are entitled to. You then pay the employees directly and submit a refund claim to NAV retrospectively. This applies for example to parental benefit, carer's allowance, care allowance, parental benefit and pregnancy benefit for employees. You are not obliged to do this unless it has been agreed in an employment agreement or collective agreement. If the employer does not pay any advances, the benefits will be paid directly by NAV to the employee. The benefits will be calculated in the same way as sickness benefit. As employer, you will not be entitled to refunds for payments in excess of 6 G (National Insurance basic amounts).
Refunds of carer's allowance, care allowance, education allowance, parental benefit or pregnancy benefit
Before NAV can pay the employee or pay you a refund as employer, you must submit the income information form to NAV. You must apply for refunds within three months; otherwise, you will lose your entitlement to the refund. The employee must also apply for the benefits punctually.
You can obtain information on the various benefits from NAV:
- Carer's allowance
- Care allowance
- Training allowance
- Parental benefits
- Pregnancy benefit
Welfare leave/non-statutory entitlement to leave
Employers may grant their employees welfare leave in situations where they need time off work for short periods of time. Examples of cases where welfare leave is often granted include doctor's appointments, moving house, pre-school familiarisation or the death or funeral of a close relative/friend.
Whether or not an employee is entitled to such leave and whether the leave is granted with or without pay will often be stated in an agreement (e.g. collective agreement) or the company's internal rules.
Questions concerning leave
The Norwegian Labour Inspection Authority will answer any questions concerning leave entitlement.
Questions concerning benefits during leave
NAV will answer questions concerning entitlement to benefits from NAV or the employer during periods of absence.