The rules applying to holidays and extra paid holidays
Under the Danish Holiday Act, salaried employees are entitled to 5 weeks’ holidays. This means that an employee is entitled to either paid holiday and holiday allowance or holiday pay, dependent on the provisions of the Danish Holiday Act.
The contract of employment must state whether the employee is entitled to paid holiday and holiday allowance or holiday pay. Otherwise, you may as an employer risk having to pay compensation according to the Danish Act on Particulars of Employment Terms. You can read more about contracts of employment here.
On 1 September 2020, a new Danish Holiday Act became effective. This means that you can now take holiday while it is being accrued.
As an employee, you are entitled to 5 weeks’ holiday. Many employees have a so-called 6th week of holiday
or extra paid holidays. The 6th week of holiday is not a statutory requirement; however, it may either be agreed individually in the specific terms of employment or be implied in the collective agreement applying to the employment. If it is neither agreed individually nor implied in a collective agreement, the employee is not entitled to the 6th week of holiday.
As an employer, you have certain options for derogating from the rules of the Danish Holiday Act and in respect of the 6th week of holiday, you have freedom of contract, unless the extra paid holidays are implied in a collective agreement.
Therefore, please feel free to contact HjulmandKaptain’s specialists in Employment Law if you would like to know how to optimize your company’s contracts of employment in relation to holidays and extra paid holidays.
Sickness and holidays – When are employees entitled to replacement holidays?
If an employee is sick at the start of a planned holiday, the employee is not obligated to start taking the holiday.
If an employee having earned 25 days’ holiday gets sick during a planned holiday, the employee is entitled to a replacement holiday after 5 sick days during the holiday in the holiday year. If the employee has earned less than 25 days’ holiday, the employee is entitled to replacement holidays after a proportionately lower number of sick days.
The employee is only entitled to replacement holidays from the day when the employee gives notice to the employer about the sickness.
If as an employer you have any questions regarding the rules on sickness during holiday, please feel free to contact us on +45 7015 1000.
