Illness and Sick Leave

You must immediately inform your employer that you are sick. "Immediately" generally means at the beginning of the workday on the first weekday you are ill.

Once your employer has been informed of your illness, you are not obligated to continuously report that you are still sick. Therefore, you do not need to contact your employer every day to report your illness. Depending on the nature of your illness, it may be reasonable to update your employer after the weekend, as they might wonder if you have recovered over the weekend.

If your employer has requested a medical certificate and you are still sick when the certificate expires, PROSA recommends that you contact your employer to inform them that you are still ill, as the employee's legal position in this situation is unclear. You are welcome to contact PROSA regarding your situation.

You should be aware that there are often specific guidelines at each workplace on how to report your sickness. These are typically described in your employment contract or employee handbooks. It is important that these guidelines are followed.

As a salaried employee, you are entitled to full pay during illness. Full pay is the salary you usually receive. This means that any salary supplements must also be paid during illness if they are supplements you normally receive.

Retention Plan

If you expect to be on sick leave for more than 8 weeks from the first day of illness, you can request your employer to create a retention plan that describes how you can return to work as quickly as possible. You can request the preparation of such a retention plan at any time during the illness period.

You will participate in the development of the retention plan together with your employer, but your employer can refuse to create a retention plan. If you wish to have a retention plan but your employer refuses, it is recommended that you contact PROSA to discuss what you should be aware of going forward.

Your doctor does not participate in the preparation of the retention plan, unlike the capability statement, which is mentioned below.

Capability Statement

If you are absent from work due to illness, your employer has the right to request a capability statement. The statement is used if your employer is uncertain about what accommodations need to be made for your health so that you can fully or partially return to work.

Your employer can request a capability statement at any time during the illness period, regardless of whether the illness period has ended.

The capability statement consists of two parts, the first of which is completed by you and your employer together. The statement is filled out based on a personal conversation that the employer calls with reasonable notice. You are obligated to attend and participate in the conversation. Alternatively, the conversation can be held over the phone if the illness necessitates it.

The purpose of the conversation is to focus on what opportunities you have to perform your work tasks to a greater or lesser extent, even though you are ill. You should be aware that the usual rules about significant changes in job content apply. You are not required to accept changes that involve completely different tasks than those you normally perform.

Doctor's Role

The second part of the capability statement is completed by your doctor based on a conversation with you and the first part of the statement, which you bring with you.

Your doctor will assess whether the working conditions described by you and your employer are reasonable in relation to your health and whether further adjustments to the work are needed beyond what has been agreed. The doctor will also estimate the duration of the period during which the work needs to be adjusted or whether full or partial absence from work is necessary.

You must submit the completed capability statement to your employer within a reasonable time, which your employer can set. Your employer must pay for the statement.

Free Text Certificate

Your employer can still request documentation for sick leave through a so-called free text certificate, which confirms that you have a legitimate reason for absence. Legitimate reason means that you have the right to be absent from work due to illness.

This certificate must also be issued by your doctor, and the company must pay for the associated costs.

Sick Leave

Your employer is required to invite a sick employee to a personal conversation about how and when the employee can return to work. The conversation must be held no later than 4 weeks after the first day of illness.

You are required to participate in the conversation unless the illness does not allow for a personal conversation. In these cases, the conversation should be held by phone if possible.

You may bring a companion to the conversation, such as a union representative, a safety representative, or a good colleague. You are welcome to contact PROSA if you would like a consultant from PROSA to accompany you as your companion.

The purpose of the sick leave conversation is to strengthen the dialogue between you and your employer, and the conversation should focus on how and when you can return to work. There may be discussions about gradually returning to work, and there may be special considerations that need to be taken for a period, such as adjusted work tasks, rest opportunities, or working from home.

The sick leave conversation should not address what is wrong with you or what your doctor specifically told you about the nature of your illness. Your employer is not allowed to inquire about this, as it constitutes a violation of the law on health information. If your employer does ask about this, you are not obligated to answer.

Long-term Sick Leave

If you are sick or expect to be sick for more than 3 months and have your employer's pension plan, it is a good idea to contact your pension company.

You may have a so-called Loss of Earning Capacity Insurance (TAE). Most TAE insurances cover you after 3 months, and your employer then receives additional reimbursement beyond sickness benefits. This may mean that your employer is more willing to wait for your situation to be clarified. Some pension companies also offer various services that can help with clarification.

Critical Illness

If you have a pension plan, it is possible that a Critical Illness insurance is attached. Most plans are lump sum payments. If you are diagnosed with a critical illness, you should contact your pension company to claim the insurance.

Sick Leave in Relation to the Municipality

If you are long-term sick, the municipality must follow up on your sick leave, and you can expect to be invited to a meeting with the municipality. PROSA recommends that you bring a companion. If you wish, a consultant from PROSA will gladly accompany you as a companion at the meeting.

PROSA can also advise you in connection with rehabilitation, flexible jobs, and early retirement. PROSA is connected to a social worker service at the Federation of Trade Unions, which provides members with assistance in these matters.

Termination Due to Illness

Standard Notice

You have the right to be absent from work due to illness, but your employer can still terminate your employment due to illness. You can be terminated both while you are sick or after you have returned to work.

The termination must be justified, and therefore it is recommended that you contact PROSA immediately if you are terminated due to illness.

PROSA recommends that you do not resign from your job due to illness. If you are considering this, you should contact PROSA before taking any action towards your employer.

The 120-Day Rule (Shortened Notice)

Your employment contract may include a clause called the 120-day rule. This clause means that your employer has the right to terminate you with one month's notice if you have been sick for 120 days within 12 consecutive months.

You should be aware that these are 120 calendar days, so weekends and holidays are included.

It is a requirement that the termination occurs immediately after you have reached the 120 sick days within 12 months, so you are not left in uncertainty about whether your employer will use this clause.

There are specific requirements for counting the 120 days and when the termination can be issued. Therefore, it is recommended that you contact PROSA if you are terminated with reference to the 120-day rule.

Illness and Vacation

Illness Before Vacation

Illness is considered an impediment to vacation, and your rights depend on whether your illness occurred before or during your vacation.

If your illness occurred before the start of the first day of vacation, you are not obligated to begin your vacation. This means that if you get ill over the weekend before your vacation starts on Monday, you can choose not to take your vacation.

You then have the right to take your vacation later – called replacement vacation. You can also choose to take your vacation as planned. Since you have the right to choose, you must inform your employer of your decision.

In other words, if you do not want to take your vacation, you must report your illness according to the regular rules at your workplace. If your workplace is closed for vacation, you must secure proof that you have attempted to report your illness, for example, by sending an email to your employer.

Illness During Vacation

If your illness occurred during your vacation, you are entitled to replacement vacation under certain conditions:

• You must have medical documentation of your illness, and you must pay for the medical documentation yourself.
• You must immediately notify your employer that you have getting ill. The right to replacement vacation only applies from the day you notify your employer of the illness unless there are exceptional circumstances.
• The last condition depends on how many vacation days you have accrued. If you have accrued 25 vacation days, you are entitled to replacement vacation after 5 sick days, which means you can get a maximum of 20 days of replacement vacation. If you have accrued less than 25 vacation days, you are entitled to replacement vacation after a proportionally fewer number of sick days – for example, if you have accrued 20 vacation days, you are entitled to replacement vacation after 4 sick days.

In some collective agreements, there are special rules that allow for the suspension of vacation entirely in the case of severe illness or long-term illness.

Contact PROSA if you encounter problems with replacement vacation or any other issues related to illness and vacation.

Return to Work Notification

If you recover before your planned vacation ends, you must remember to notify your employer that you are fit to return to work. At the same time, you need to inform your employer whether you choose to take the remaining vacation days or if you wish to resume work.

If your workplace is closed for vacation, you should also ensure that you have proof that you attempted to notify your employer of your recovery. If you have verifiably tried to report your recovery but cannot return to work due to the workplace being closed, you are generally entitled to full replacement vacation for the main vacation period. There may be exceptions in cases of very short-term illness. We recommend contacting PROSA if you find yourself in this situation.

 

Child's Illness

The first day of a child's illness is not regulated by law. However, many collective agreements and individual employment contracts include the right to paid leave during a child's illness. If you are privately employed and have not agreed on the right to leave for a child's illness, you are not entitled to paid leave.

 

Leave for Caring for Sick Relatives

There is an option to apply for leave to care for sick and dying close relatives. For example, if your child becomes seriously ill and you need to stop working to care for them, you may be eligible for sickness benefits. The right to benefits depends on whether the illness requires hospitalization or treatment at home that is comparable to hospitalization. Contact PROSA if you wish to discuss your options in this situation.