The Act on Maternity/Paternity Leave and Parental Leave applies to posted workers working in Iceland with regard to occupational safety and health during pregnancy, shortly after childbirth or while breastfeeding, cf. Article 16 of the Act. It also applies to the right to return to work, cf. Article 49 of the Act, and protection against dismissal, cf. Article 50 of the Act.

Safety measures

Where a specific assessment shows that the safety and health of a worker who is pregnant, has recently given birth or is breastfeeding is at risk, the employer must take the necessary measures to ensure the worker’s safety by temporarily adjusting their working conditions and/or working hours.

Where this is not possible for technical or other reasons, the employer must assign the worker other duties or, if this is not possible, grant the worker leave from work for as long as necessary to protect their safety and health.

Right to return to work

The employment relationship between a posted worker and a foreign service provider must remain unchanged during maternity/paternity leave and parental leave while the worker is working in Iceland. The worker is entitled to return to their previous job at the end of the leave. If this is not possible, the worker is entitled to a comparable position with the employer in accordance with their employment contract.

Protection against dismissal

A posted worker may not be dismissed on the grounds that they have given notice of their intention to take maternity/paternity leave or parental leave, or because they are on such leave, unless there are valid reasons for the dismissal, in which case written reasons must accompany the notice of dismissal. The same applies to a pregnant worker and a worker who has recently given birth.