Littler Global Guide - Sweden - Q1 2022

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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Right to Approve Parental Leave in Other Ways than According to the Employee’s Wishes

Precedential Decision by Judiciary or Regulatory Agency

Author: Anna Jerndorf, Partner and Head of Employment – TM & Partners

The Swedish Labor Court recently ruled in a case where three employed prison guards within the Swedish Prison and Probation Service’s transport unit had applied for partial parental leave where working hours were to be scheduled with fixed start and end times during two-three days per week. The employer decided that the requested parental leave could only be approved if the employees accepted a relocation to work at a prison. The employer argued that the requested parental leave would give rise to a significant disruption of the transport activities as, among other things, the schedule within the transport unit would mean that the employees could not perform enough work if the requested leave was accepted.

The court agreed and held that the redeployment was a necessary consequence in order for the requested parental leave to be approved and that the employer had thus not violated the prohibition on unfavorable treatment under the Swedish Parental Leave Act.

Official Guidance that Employees Should Work from Home Has Been Abolished

New Regulation or Official Guidance

Author: Anna Jerndorf, Partner and Head of Employment – TM & Partners

As of February 9, 2022, most COVID-19 restrictions were lifted. This means, among other things, that the official guidance that employees should work from home has been abolished. The return to office shall be made gradually and it is up to the employer to assess the most appropriate way. However, the employer must carry out a risk assessment regarding the return to the office to ensure a safe work environment at the workplace.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.