Falling ill during a vacation that has been eagerly anticipated for a long time can be quite disruptive. Hence, it is crucial for you, as an employer, to guide your employees on their rights and the rules regarding how they should manage their illness and the options for compensatory leave.
In this blog post, we have compiled the current rules and rights applicable if an employee falls ill right before or during their vacation – as the regulations vary depending on when the employee reports their illness.
Illness before leave
If an employee becomes ill before the start of their planned leave, they will not be required to take the leave. It is important that the employee substantiates that the illness is a hindrance. The employee is entitled to substitute leave if they:
- report their illness to the employer before the start of normal working hours on the first day of leave, cf. the company's general rules for notification of illness
- The employer may request a medical certificate. In such a case, you must provide documentation of the illness, either through a solemn declaration or a medical certificate from your doctor. If the employer asks for a medical certificate, they must cover the cost.
If the employee's sick leave is approved, they have the right to postpone their vacation to another time within the vacation period from September 1st to September 31st of the following year.
Note! If your company is closed and the employee falls ill during the closure period, they can still apply for replacement vacation. They must simply be able to provide evidence afterward that they attempted to contact the employer, such as via email, letter, or phone.
Illness during leave
If an employee who has earned 25 days of leave becomes ill during their holiday, they will be entitled to substitute leave after 5 days of sick leave, calculated over a holiday year. An employee who has earned fewer than 25 days of leave will be entitled to substitute leave of proportionally fewer days.
The basis for calculating the number of days for which the employee will not be entitled to substitute leave is the number of earned leave days multiplied by 0.2. For example, an employee who has earned 10 days of leave will be entitled to substitute leave after 2 days of illness. The first days of illness are called waiting days, and they do not have to be successive. The employee's entitlement to substitute leave is subject to them:
- reporting their illness to the employer before the start of normal working hours on the first day of illness, cf. the company's general rules for notification of illness
- providing documentation of the illness from their doctor. The employee bears the cost of the medical documentation, which must be issued on the first day, regardless of whether the employee is abroad or in their home country.
Other factors you should be aware of
Recovery Notification
If an employee recovers during their planned vacation, they must inform the employer of their recovery and specify whether they will resume their vacation or return to work.
Sick Days Usage Prevention
If an employee is unable to use replacement vacation days within a vacation year due to illness, they can postpone the vacation to the next vacation year. However, to transfer the directive-protected weeks, the illness must persist until the end of the vacation period.
Vacation and Vacation-Free Days
Replacement vacation only applies to regular vacation days, not vacation-free days. However, some agreements may allow this. Replacement vacation is only an option for the employee's own illness and does not cover children or spouses who become ill during the vacation.
No Salary or Partial Salary During Illness
Special rules apply to employees who do not receive a salary or only receive a partial salary during illness.
If an employee is not entitled to a salary during illness, they accrue sick leave benefits from the second day of illness in each period of illness.
If an employee is entitled to partial salary during illness, they accrue vacation pay based on the partial salary. The employer must also pay the difference between the vacation pay the employee would normally earn from their full salary and the full sick leave benefit - known as supplementary sick leave benefit. The employee receives vacation pay from the partial salary from the first day of illness and supplementary sick leave benefit from the second day.
Do you need assistance?
Are you interested in learning more about managing your employees' illness during vacations, or do you have other questions about legal employee matters? If so, we at Azets are here to help. Learn more about our services and offerings here.
