Dismissed during parental leave – what are the rules?

Being dismissed or having your duties changed in connection with parental leave often raises the question of whether it is related to the leave. The Parental Leave Act provides special protection, but this does not mean that an employer can never dismiss someone who is on leave.

Redundancy can also affect employees on parental leave

If there is a genuine redundancy, you may be dismissed even while on parental leave. The same rules then apply as for other employees, including those on redeployment and selection order. However, the leave must not be the reason why you in particular are dismissed.

The leave must not be the reason

Under Section 16 of the Parental Leave Act, an employer must not disadvantage a job applicant or employee for reasons connected with parental leave, for example when deciding on duties, terms of employment, or dismissal. There are certain exceptions, including where the disadvantage is a necessary consequence of the leave. A dismissal or summary dismissal solely attributable to your having requested or taken parental leave may be declared invalid under Section 17.

Three different situations

• Genuine redundancy: the employer needs to reduce staffing, and you are affected under the rules. The leave is not the reason.
• Dismissal connected with the leave: the notice comes in connection with your having requested or taken leave, and there are signs that the leave played a part.
• Changed duties after your return: you are not dismissed, but receive less favourable or different duties when you return. This too may constitute unlawful disadvantage, although not all changes are prohibited.

The notice period in redundancy cases

If you are dismissed on grounds of redundancy while on full-time leave under the Parental Leave Act, the notice period generally begins under Section 11 of LAS only when you resume work. Check what applies in your particular case, as this depends on the extent of your leave and any collective agreement.

Ask for the reasons in writing

Under Section 9 of LAS, you are entitled, on request, to be informed of the circumstances the employer relies on as grounds for the dismissal. Ask for this in writing. This makes it easier to assess whether the dismissal is connected with the leave.

Document dates and communications

• When you requested parental leave and when it began
• When you were notified of the dismissal or changed duties
• Emails, text messages, and meeting notes mentioning the leave or your return
• What duties you had before and after the leave

Does it involve probationary employment?

Probationary employment can be ended without objective reasons, but the protection under the Parental Leave Act still applies. Ending the employment must not disadvantage you because of the leave, as the first case below illustrates.

Examples from the Swedish Labour Court

The cases illustrate how the protection may be applied, but each situation is assessed on its own circumstances, and previous judgments do not predict the outcome of a new case.

Act quickly

If you wish to challenge a dismissal, short time limits apply: generally two weeks to seek a declaration of invalidity. The time limits may vary depending on the circumstances and collective agreements. If you would like help, you can describe your situation for a free initial assessment.