No discrimination in the case of transition period for parental leave

Employment and Parental Leave Rights in Sweden

The Swedish Labor Court recently issued a ruling on reassignment and parental leave. The ruling discusses rights and regulations regarding employment and parental leave in Sweden. It emphasizes the importance of providing fair treatment to employees on parental leave and ensuring they are not disadvantaged compared to their colleagues who are not on leave.

Transition Period for New Job Offers

The case addresses a situation where an employee accepts an offer for a new position with a lower employment rate. It states that the transition period should begin when the new lower employment rate takes effect.

Reassignment

In the case of E.B., the reassignment offer involved a reduction in working hours from eight hours per week on weekends to five hours per week. According to the retail agreement, an employee experiencing a reduction in employment rate due to reorganization is entitled to a transition period equivalent to the notice period that would have applied if the employee had been dismissed.

The case discusses the legal framework for protecting employees from unfair treatment during parental leave. It mentions that the burden of proof lies with the employee to show that they have been disadvantaged due to their parental leave. The employer must then demonstrate that the action taken was a necessary consequence of the leave.

The court’s decision in this case revolved around whether the company had violated the prohibition against discrimination under the Parental Leave Act by allowing the transition period for two employees, E.B. and A.A., to run during their parental leave.

The court found that the company had not violated the law. The reasoning was that E.B. and A.A. received the same transition period as other employees who accepted reassignment to positions with a lower employment rate. The court concluded that the transition period running during parental leave was a necessary consequence of the leave and not a discriminatory action by the company.

The court also noted that the collective agreement did not stipulate that the transition period should begin after the employees returned from parental leave. Therefore, the company’s actions were in line with the collective agreement and the law.

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