Incapacity for Work at the Start of and During a Period of Annual Holiday
In case and employee is, at the start of his/her annual holiday or part thereof, an employee is unable to work because of childbirth, illness or accident, the holiday must, at the request of the employee, be postponed to a later date. The employee also has, at his/her request, the right to have the holiday or part thereof postponed if it is known that during his/her holiday the employee has to receive medical treatment or other comparable treatment during which he/she will be unable to work.
If the incapacity for work due to childbirth, illness or accident begins during the annual holiday or a part thereof, the employee has, at his/her request, the right to have postponed those working days that exceed six days of being unable to work. The aforementioned six deductible days however may not reduce the right to an annual holiday of four weeks.
Collective agreements may have provisions deviating from the above-mentioned rules regarding the postponement of employee’s annual holiday because of incapacity for work.
The employee has to request for postponement of his/her annual holiday specifically and without delay. The employee must also, at the request of the employer, present a reliable account of his/her incapacity for work, that is, for example a medical certificate. If the employee has caused the incapacity for work on purpose or due to gross negligence, the employee has no right to have his/her holiday postponed.
The employer must grant a new time for the postponed holiday. He/she can grant the holiday to continue straight after the original holiday or to be postponed into a later date. As a main rule, the summer holiday must be granted during the holiday season, and winter holiday before the start of the following holiday season. If the granting of the holiday in this manner is not possible, the postponed summer holiday may be granted during the same calendar year after the holiday season, and winter holiday by the end of the following calendar year. If, because of a continuing incapacity for work, the granting of the holiday is not possible in the manner referred to above either, the holiday not granted is replaced with holiday compensation.
The employer must give notification of the timing of the postponed holiday no later than two weeks, or if this is not possible, one week, before the start of the holiday.