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New rules on sickness during holiday

May 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Holiday
Following a recent amendment of the Danish Holiday Act, employees are now entitled to replacement ‎holiday if they fall sick during their holiday.‎
 
Before the amendment of the Danish Holiday Act, employees were entitled to replacement holiday if ‎they fell sick before the beginning of the holiday – but not if they fell sick after the holiday had begun.‎
 
For some time, this principle has been under heavy fire for not complying with the requirements of EU ‎law. The Danish Government acted to remedy this situation, introducing a Bill to amend the Danish ‎Holiday Act. Under the Bill, employees would also be entitled to replacement holiday if they fell ill after ‎the holiday had begun. The Bill has now been adopted by the Danish Parliament.‎
 
Replacement holiday after 5 sick days
With effect from 1 May 2012, the Danish Holiday Act entitles employees who have accrued 25 days of ‎holiday and fall sick during their holiday to replacement holiday after 5 sick days. Employees having ‎accrued less than 25 days of holiday are entitled to replacement holiday after a proportionately lower ‎number of sick days.‎
 
As a starting point, employees are entitled to replacement holiday only from the day when they notify ‎their employer about their sickness.‎
 
The entitlement to replacement holiday is conditional on the employee being able to prove his/her ‎sickness by means of a medical certificate – and the medical certificate must be paid for by the ‎employee.‎
 
The above does not constitute legal advice and should not be relied upon as such
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