New Ruling On The 120-Day Rule

The termination was not "proximate" to the expiration of 120 days of sick leave.

Case law has several times previously interpreted the condition that a termination with shortened notice pursuant to section 5(2) of the Danish Salaried Employees Act must take place "in immediate connection" with the 120 days of sick leave. According to the practice of the High Courts, terminations given up to 129.5 sick days have met this condition. In this specific case, however, the Supreme Court had to assess how interrupted periods of sick leave affected the right of termination, including what significance it had for the employer that the employee was reported fit for work shortly after the 120 days of sick leave, but then had to report sick again.