Notification letter to the Storting about the care money scheme

Løvemammaene has (again) sent a letter to members of the labor and social affairs committee at the Storting regarding the problem of employers still requiring or attempting to pressure employees to apply for unpaid leave while receiving care allowance. We also learn that some members are told to resign or are threatened with dismissal if they oppose this. The lion mothers have pointed out that it is urgent to find a solution to the problem!

Below you can read the letter that we have sent to all Storting representatives who sit on the work and social affairs committee, which is the committee in the Storting responsible for the care allowance scheme.

Lack of employee rights and wrongful dismissals due to employer's misinterpretation of AML.

Dear members of the Work and Social Committee.

Løvemammaene receive daily inquiries from parents who are in danger of losing their employment rights, and who are ordered to apply for unpaid leave from work, or who are threatened with dismissal if they do not do so, due to the fact that they receive care allowance.

Løvemammaene is a diagnosis-independent organization that works to inform about and improve the rights of children and young people with illness and functional variation. We are passionate about support, freedom and equality for the whole family, and have over 6,500 members.

We have previously raised concerns about employers who misinterpret Chapter 12 Section 12-9 of the Working Environment Act about employees' right to leave. We learn that the term "leave" is interpreted by many employers as meaning that the employee must apply for unpaid leave. This is of course wrong, but more and more employers insist that this is valid. Unpaid leave while receiving care allowance means that the employee risks losing both income and rights in the National Insurance, but it also means that the employee does not have the right to return to work if it can be done before the end of the leave period - which is not exactly in line with the aim of retaining the connection to working life. The reason why you risk losing income and rights is because your application for care allowance can be rejected in whole or in part in July, and if you then have unpaid leave for the rest of the year, you do not have the right to return to work and will thus left without or with reduced income for several months - and may at the same time lose the right to other benefits from the National Insurance Scheme.

In 2019 replied Minister Anniken Hauglie that employers do not have the right to demand that employees take unpaid leave. NAV emphatically states the same its pages. Yet employers continue to pressure workers to seek unpaid leave. Many of our members who refuse this end up in conflict with their employers, and some are told to resign or are threatened with dismissal if they do not apply/sign. These are parents who face already very demanding weekdays, who get an additional burden with an employer conflict on top. In addition, they are faced with powerful employers, such as county councils, municipalities and large, recognized companies, so the situation quickly becomes "David against Goliath", and the parents give up.