Jämställdhets- och föräldraledighetsregler : -regelverkens samverkande effekt för ett jämställt arbetsliv

The legal right to take time off from work to care for one`s children has been regulated in Swedish law since late 1930. This right was limited to mothers and was provided under restricted forms. There was a long qualification period and the length of parental leave was limited. Since then, the right to parental leave has been extended through several modifications of the law. The question of equality in both the labour market and the private sector has been one of the greatest forces behind these changes. By including men in the right to take parental leave, the work place has become more equal and it is now considered a natural part of the employee’s life to request time off to care for children. Labour Arbitration Court has shown through its case law that equality in the work place is of the utmost importance and has shown its support in this matter through its judgements. A worsened condition of employment is not accepted because an employee has taken parental leave. By ensuring employees` rights in the case of parental leave, the court believes that this can lead to a more even use of parental leave days in the long run. The fact that men have the same rights as women to be at home with their children is a contributing factor of a more equal working environment. The regulations of The Law of Equal Opportunity, Jämställdhetslagen , protect parental rights. A pregnant employee has protection against discrimination through Jämställdhetslagen. This includes all situations, from before an employment has started until it has ended. Even after an employment has ended, this law is in effect. Changing the Law of Parental Leave, Föräldraledighetslagen, and adopting a disfavour prohibition and a paragraph of divided evidential burden, made these two laws` regulations have an interoperate effect. Effective from January 1, 2009 there will be a new law against discrimination, Diskrimineringslagen. This law is a merger of the Jämställdhetslagen and the remaining laws of discrimination that are currently in effect. By this ...