When your holiday is planned, neither you nor your employer can move it. Should you fall sick or are you assigned a task, you are entitled to new holidays. Talk to your employer if you are travelling abroad during these corona-times.
By legal advisor Tine Trabolt, translation Helene Ørbæk Kristensen
When you, as an architect or designer, have agreed on holiday with your employer, it is fixed. Your employer can only move your planned holiday under extraordinary and unforeseeable circumstances. It is, for example, not enough that there is a lot of sickness in your department or that some of your colleagues have resigned or are going on parental leave.
You cannot move your planned holiday yourself either. However, your planned holiday may be moved if you and your employer agree on it.
Because of the transition to the new Holiday Act, you only have 16.64 days of holiday at your disposal this summer. Be aware that your employer cannot request you to take your holidays if you are dismissed and your notice period is only 3 months.
Watch the authorities’ recommendations during these corona-times, and talk it over with your employer if you consider going abroad. You risk being sent home without pay for 14 days if you travel to a country the authorities advise against.
Stay away from your work email during your holidays
Holidays should be used to unwind and once your holiday has begun, it cannot be interrupted. You are not under obligation to check your work email or answer if your employer calls or writes you.
If you take on a task during your holiday, it has been interrupted and you are entitled to new holidays. Therefore, you should have a clear agreement with your employer about when you are taking your substitution holidays, before taking on a task. Even if this task might only take you an hour, you have the right to an entire extra day of holiday. If your employer does not want to give you new holiday, you should decline the task and contact FAOD.
You cannot go on holidays when you are sick
You cannot go on holidays when you are sick, so be aware of your right to replacement holidays. It is essential whether you were sick before or during your holidays.
Sick before your holidays:
If you fall sick before your planned holiday has begun, it is a hindrance to your holidays. This means that you can choose not to take your holidays, and you have the right to move your holidays. Maybe you would like to take your holidays even if you are sick. This requires an agreement with your workplace and also your municipality, if your employer receives sickness benefit reimbursements.
Sick during your holidays:
If you fall sick during your holidays, you can get replacement holidays from your 6th sick day. You can get replacement holidays for up to 4 weeks. The first 5 sick days do not give you the right to new holidays, but the sick days are added up across the whole holiday year. If you, for example, become sick for 4 days during your summer holidays and 3 days during your winter holidays, this gives you the right to two days of holiday.
It is important that you call in sick at your workplace on your first sick day by the beginning of normal working hours at the latest, because your sick days do not count until you have called in sick.
It is also important that you see your doctor on your first sick day because it needs to be documented with a medical certificate – also if you are in a foreign country. The employees are required to pay for the medical certificate themselves.
When you report back to work, you need to inform you employer whether you would like to take the rest of your holidays or if you will be back at work at once.
Corona – talk to your employer about travelling abroad
It is not illegal to travel to other countries during your summer holidays, and the authorities’ recommendations about which countries you can travel to change all the time. Check The Ministry of Foreign Affair’s travelling advice: https://um.dk/en/travel-and-residence/coronavirus-covid-19/
FAOD recommend that you let your employer know if you are planning to go abroad on your summer holiday. This way you will find out whether your employer will send you home, and you can discuss the possibility of you working from home.
Your employer has the option of sending you home without pay for 14 days after you have come home from a country the authorities advise against visiting. This is to prevent that your colleagues run a higher risk of exposure to the virus. At worst, it could have consequences for your employment if you cannot attend to your tasks due to being sent home or if you fall sick with corona following your stay abroad.
Akademikerne (AC) write the following in their guidelines: If you fall sick with Covid-19 after having travelled to an area where visiting is advised against, you will generally be entitled to sick pay, but it cannot be ruled out that it will be considered self-induced sickness, where you lose your right to get paid. Where relevant, it will depend on a specific assessment, and especially whether it is possible to render probable that the infection did not arise during your travels.
If you are given notice
The transition to the new Holiday Act means that you only have 16.64 days of holiday from May 1st 2020 and until the end of September 2020, where you will be able to take holiday as you accumulate it. From September, you will accumulate 2.08 days of holiday each month that you can chose to take at once.
If you are given notice, your employer can only request that you take the holiday if you have more than a 3-month notice period, since 15 of the 16.64 days are main days of holiday, which should be requested 3 months in advance. If you are, for example, given notice by the end of June 2020 and you have a 3-month notice period, your employer can only request that you take 1.64 days of holiday unless your employer extends your notice period by 3 weeks.