Recent Developments In Employment Law In Sweden

Unfair treatment of employees on parental leave

The unfair treatment of an employee who is on parental leave is prohibited under the Parental Leave Act ('the Act'). This prohibition includes unfair treatment relating to pay and other employment terms for reasons connected with parental leave. A treatment is unfair if it causes the employee damage or a disadvantage. The determining factor when deciding if treatment is unfair is whether a negative effect occurs to the employee or not. The prohibition does not apply, however, if different terms or different treatment are a necessary consequence of the parental leave. The Swedish Equal Opportunities Ombudsman (appointed by the Swedish Government) has the right to bring an action under the Act. The Equal Opportunities Ombudsman recently took legal action against an employer who awarded two employees a smaller yearly bonus just because they were on