Summary
If an employee falls ill before their holiday, they are under no obligation to take it – the holiday can be taken at a later date. If an employee falls ill during their holiday, they are entitled to compensatory leave after a five-day waiting period per holiday year (fewer days if they have accrued less holiday entitlement). This requires timely notification of sickness and a doctor’s certificate from the first day of illness.
Short answer
Compensatory leave an employee is entitled to take their holiday at a later date if they fall ill before or during their holiday. If the employee falls ill before When the holiday begins, there is no obligation to take it – it can be taken at a later date. If the employee falls ill under If an employee takes sick leave during their annual leave, they are entitled to compensatory leave, but only after a five-day waiting period per holiday year. This requires the employee to report sick and provide a doctor’s certificate.
Feeling unwell before the holidays begin
If an employee falls ill before their holiday begins, they are not obliged to go on holiday. The holiday is only deemed to have begun at the time when the employee would normally have been due to start work – typically on Monday morning. If the employee falls ill at the weekend before their holiday, this is therefore considered to be “before the holiday”. To postpone their holiday, the employee must report sick in accordance with the company’s normal rules before the holiday officially begins. If you require a doctor’s certificate in this situation, it is you, as the employer, who must pay for it.
Sick during the holidays – the five-day waiting period
If an employee falls ill whilst on holiday, they are entitled to replacement holiday – but not from the very first day. The first five days of sickness in a holiday year are waiting period, which are not replaced. The waiting days are spread across the entire holiday year and do not need to be consecutive: for example, if an employee takes three sick days during the winter holidays and falls ill again during the summer holidays, the waiting period is used up after a further two days, and the remainder is compensated.
How to calculate qualifying days
The five waiting days apply to an employee who has accrued the full holiday entitlement (25 days). If the employee has accrued fewer days, the waiting days are reduced proportionally according to the formula holiday entitlement × 1/5. If, for example, an employee has accrued 10 days’ holiday, they are entitled to compensatory leave after just two days of sick leave. If the employee leaves the company in the middle of the holiday year, the qualifying days are calculated proportionally according to the length of their employment.
Requirements for receiving compensatory leave
Two conditions must be met:
- Sick leave: The employee must notify you of their sickness in accordance with the normal rules for reporting sick. If this is done later, the waiting days will only start to count from the day the sick leave is notified.
- Documentation: The employee must provide a medical certificate valid from the first day of sickness – and pay for it themselves if the illness occurs whilst on holiday. This also applies to illness whilst abroad, in which case a local doctor must issue the certificate.
The right to compensatory leave applies only to an employee’s own illness – not to a sick child or a sick spouse – and only to the five weeks’ annual leave provided for in the Annual Leave Act. Holiday leave days are not included, unless a collective agreement states otherwise.
When the employee recovers
If the employee recovers before the end of their planned holiday, they must immediately report back to work and state whether they will take the remainder of their holiday as planned, or whether they will return to work, in which case the holiday will be postponed. The employee is not entitled to take the replacement holiday immediately following the original holiday – this must be agreed with you.
When should the compensatory holiday be taken?
Compensatory leave is taken in accordance with the general rules of the Holiday Act and must, as a rule, be taken within the holiday entitlement period (1 September to 31 December of the following year). If the holiday cannot be taken due to ongoing illness, it may, by agreement, be carried over to the next period. Read more about the end of the holiday year and about the rules in our Guide to the new Holiday Act.
We can help you with holiday and sick leave
Falling ill whilst on holiday is one of those situations where waiting periods, documentation and deadlines can easily lead to uncertainty – and mistakes can affect both the employee’s holiday entitlement and your payroll. At Dansk Løn Service, we keep track of the rules as an integral part of our payroll processing, so you can be confident that everything is handled correctly. Contact us, if you’d like a hand.
The rules have been simplified here. If in doubt, always seek specific guidance on borger.dk or from a payroll officer.