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YOUR RIGHTS: ALL ABOUT HOLIDAYS
How much holiday are you entitled to, how do you earn it, and how can you take it? Check your rights here.
YOUR BASIC HOLIDAY ENTITLEMENTS
Your terms and possibilities of taking holiday depend on where you are employed and if you are covered by a collective agreement. HK's collective agreements often give you an extra week’s holiday - also called the sixth day of holiday week or the special holidays.
If you want to know if and how you are covered by a collective agreement, contact your local HK branch on telephone +45 7011 4545.
If you want to know if and how you are covered by a collective agreement, contact your local HK branch on telephone +45 7011 4545.
CONCURRENT HOLIDAY - AN ENTIRELY NEW WAY TO EARN AND TAKE HOLIDAY
"Concurrent holiday" is the principle that was implemented in the new Holiday Act in 2020.
The basic principle is that you accrue and take holiday at the same time.
You earn 2.08 days of holiday per month which can be taken right away - and no later than within 16 months. So, the qualifying period will be 12 months, and the holiday-taking year will be 16 months.
When is holiday accrued?
In the period between 1 September and 31 August.
When must the holiday be taken?
The holiday can be taken in the same year that it is earned. This means that it will be possible to holiday on an on-going basis. Holiday is accrued from 1 September up to 31 August in the following year. The holiday period is 16 months from 1 September until 31 December in the following year.
You earn 2.08 days of holiday per month which can be taken right away - and no later than within 16 months. So, the qualifying period will be 12 months, and the holiday-taking year will be 16 months.
When is holiday accrued?
In the period between 1 September and 31 August.
When must the holiday be taken?
The holiday can be taken in the same year that it is earned. This means that it will be possible to holiday on an on-going basis. Holiday is accrued from 1 September up to 31 August in the following year. The holiday period is 16 months from 1 September until 31 December in the following year.
The best thing is of course if you and your employer can agree on when you take your holiday. But if you cannot, the employer may decide when you will take your holiday.
It requires that the employer notifies you in due time:
There are still enterprises in Denmark that shut down for holiday during certain weeks in the summer or between Christmas and New Year. Special rules apply in that case. If you are subject to compulsory holiday, you can contact your HK branch for further information
It requires that the employer notifies you in due time:
- You must be given notice of the main holiday to be taken in the period from 1 May to 30 September three months in advance. Here, you are entitled to 15 consecutive days of holiday (three weeks) . But you may agree to split the holiday so you take only 10 days consecutively. The last 5 days can be taken after 30 September.
- You must be notified of the remainder of the holiday one month in advance: the remaining holiday can be taken both before and after the main holiday. You are entitled to take at least 5 consecutive holiday days. You can also agree with your employer that the days are to be taken separately.
There are still enterprises in Denmark that shut down for holiday during certain weeks in the summer or between Christmas and New Year. Special rules apply in that case. If you are subject to compulsory holiday, you can contact your HK branch for further information
You accrue holiday entitlement while you are employed. You also accrue holiday entitlement during maternity leave, if you receive your entire or part of your salary from your employer during your maternity leave. If you are hired as a salaried employee, you also accrue holiday entitlement if you are on sick leave.
You accrue 2.08 days of holiday per month which can be taken right away - and no later than within 16 months. So, the qualifying period is 12 months, and the holiday-taking year is 16 months.
You accrue 2.08 days of holiday per month which can be taken right away - and no later than within 16 months. So, the qualifying period is 12 months, and the holiday-taking year is 16 months.
If you are ill during your holiday, you can get replacement holiday for the days in excess of 5 days of sickness. The days of sickness can be in different holidays throughout a holiday year. If e.g., you are sick for 7 days of holiday during a holiday year, you will get 2 days of replacement holiday.
But there are a number of rules you must be aware of if you fall ill before or during your holiday. Read more about it in the article on replacement holiday.
Read everything about replacement holiday
But there are a number of rules you must be aware of if you fall ill before or during your holiday. Read more about it in the article on replacement holiday.
Read everything about replacement holiday
In some cases it is possible to have the holiday pay paid out directly without taking holiday.
It applies if you leave the labour market due to age or health, or if you resign from your job to move abroad.
If you do not take the last 5 holidays out of the 25 holidays that you accrue during a holiday year, and if you and your employer have not agreed to transfer the days to the subsequent holiday-taking period, your employer must automatically pay holiday pay corresponding to the 5 holidays after the holiday-taking period has ended.
If you resign from your job, your employer must pay for holiday not taken to FerieKonto (holiday account). If you do not take the holidays, you can apply to have the holiday pay paid out when the holiday-taking period has expired, irrespective of the number of days.
This presupposes that you have not received certain public benefits, such as unemployment benefits. You must apply to have the holiday paid out no later than 30 September after expiry of the holiday-taking period.
It applies if you leave the labour market due to age or health, or if you resign from your job to move abroad.
If you do not take the last 5 holidays out of the 25 holidays that you accrue during a holiday year, and if you and your employer have not agreed to transfer the days to the subsequent holiday-taking period, your employer must automatically pay holiday pay corresponding to the 5 holidays after the holiday-taking period has ended.
- Example: If in the holiday year from 1 September 2020 to 31 August 2021, you have earned 25 days of holiday, but do not have the time to take all days before expiry of the holiday-taking period on 31 December 2021, and your employer and you do not agree to transfer the holidays to the following holiday-taking period which runs until 31 December 2022, your employer must pay holiday pay corresponding to maximum 5 days of holiday.
If you resign from your job, your employer must pay for holiday not taken to FerieKonto (holiday account). If you do not take the holidays, you can apply to have the holiday pay paid out when the holiday-taking period has expired, irrespective of the number of days.
- Example: If you resign from your job in e.g. February 2021, you can receive the holiday pay accrued in the course of the employment, if you do not take the holiday before 31 December 2021.
This presupposes that you have not received certain public benefits, such as unemployment benefits. You must apply to have the holiday paid out no later than 30 September after expiry of the holiday-taking period.
Yes, you can. You are not especially protected because you are on holiday. However, your employer must be able to document that the dismissal has reached you in due time, e.g that is has been delivered to your mailbox.
Some general rules apply to transfer of holiday. But the rules can be limited through your collective agreement, so that you cannot transfer holiday or only transfer fewer holidays.
Under the new Holiday Act, the holiday year runs from 1 September to 31 August in the subsequent year. The holidays are accrued during the same period. The holidays must have been taken no later than 4 months after the end of the holiday year, which is 31 December when the holiday-taking period ends. If you do not have time to take all the days of holiday, you may enter into a written agreement with your employer to transfer no more than 5 out of the 25 holidays to the next holiday-taking period. You must have agreed in writing on the transfer no later than on 31 December when the holiday-taking period ends.
In general, you should check your collective agreement. If it says in your collective agreement that you cannot transfer holiday, the collective agreement applies.
Often you must use some special forms when you apply for transfer of holidays. Contact your HK branch if that is relevant for you.
Under the new Holiday Act, the holiday year runs from 1 September to 31 August in the subsequent year. The holidays are accrued during the same period. The holidays must have been taken no later than 4 months after the end of the holiday year, which is 31 December when the holiday-taking period ends. If you do not have time to take all the days of holiday, you may enter into a written agreement with your employer to transfer no more than 5 out of the 25 holidays to the next holiday-taking period. You must have agreed in writing on the transfer no later than on 31 December when the holiday-taking period ends.
- Example: If you earn 25 holidays during the holiday year from 1 September 2020 to 31 August 2021, but you do not have time to take all days of holiday before expiry of the holiday-taking period on 31 December 2021, you must enter into an agreement with your employer no later than on 31 December 2021 that a maximum of 5holidays are transferred.
In general, you should check your collective agreement. If it says in your collective agreement that you cannot transfer holiday, the collective agreement applies.
Often you must use some special forms when you apply for transfer of holidays. Contact your HK branch if that is relevant for you.
Yes, it may be possible for you to go abroad while you are sick. But it is of the utmost importance that you contact your HK branch to get advice and guidance. Before you contact the branch, you can contact your doctor to hear if the stay abroad can be said to delay your recovery. You must also contact your municipality to check if there will be any sickness follow-up while you are abroad.
It should be noted that if the municipality invites you to a sickness follow-up meeting, this may be at very short notice, perhaps one day's notice. Therefore, get it in writing if the municipality informs you that they do not intend to have a sickness follow-up during the period you are abroad.
You must also be aware that you should check your mailbox at your officially registered address regularly if you stay elsewhere than in your home, such as a holiday cottage. It may have significant financial consequences if you overlook an invitation from the municipality.
It should be noted that if the municipality invites you to a sickness follow-up meeting, this may be at very short notice, perhaps one day's notice. Therefore, get it in writing if the municipality informs you that they do not intend to have a sickness follow-up during the period you are abroad.
You must also be aware that you should check your mailbox at your officially registered address regularly if you stay elsewhere than in your home, such as a holiday cottage. It may have significant financial consequences if you overlook an invitation from the municipality.
Generally, you should not take holidays on public holidays given that they are already time off. But much depends on the wording in your collective agreement or other agreement with your employer. If the collective agreement states that you have Constitution Day off, you need not take a holiday .
You can read the bill for the new Holiday Act as it was adopted by the Danish Parliament.
Read the Danish Holiday Act here (in Danish)
Read the Danish Holiday Act here (in Danish)
YOUR COLLECTIVE AGREEMENT ENSURES YOU 6 WEEKS’ HOLIDAY
Thanks to HK's collective agreements, you are ensured an extra week's holiday, compared to the 5 weeks that the Danish Holiday Act entitles you to, if you are employed at a workplace covered by a collective agreement. At some workplaces the extra week of holiday is called "special holidays", while others may call it the "6th holiday week".
YOU ARE ENTITLED TO 3 CONSECUTIVE WEEKS
Holiday planning can easily be a complex puzzle, in which some employers may try to bend your rights. Especially workplaces with many employees with children of school age may face big challenges.
You are entitled to take your main holiday consisting of 3 consecutive weeks of holiday in the summer period between 1 May and 30 September.
"Consecutive holidays" should be taken literally, even if your employer tries to get you to split your holiday.
If you cannot agree on when precisely you can take your holiday, your employer must give you 3 months' notice before you are asked to take your main holiday.
You are entitled to take your main holiday consisting of 3 consecutive weeks of holiday in the summer period between 1 May and 30 September.
"Consecutive holidays" should be taken literally, even if your employer tries to get you to split your holiday.
If you cannot agree on when precisely you can take your holiday, your employer must give you 3 months' notice before you are asked to take your main holiday.
WHAT HAS CHANGED IN THE NEW HOLIDAY ACT?
ARE THERE ANY CHANGES IN THE NOTICE OF YOUR HOLIDAY?
None. The notice is still 3 months for the main holiday and at least 1 month for any other holiday. You are also still entitled to take 3 consecutive weeks of holiday in the period from 1 May to 30 September.WHAT ABOUT THE 6TH HOLIDAY WEEK, INCREASED HOLIDAY ALLOWANCE, ETC.?
The new Holiday Act only concerns the 5 weeks set out in the Danish Holiday Act. The same applies to the 1% holiday allowance and 12.5% holiday pay. Everything else otherwise agreed for the workplace, e.g. by collective agreement, will not be changed by the new Holiday Act and will be negotiated separately through collective bargaining etc.
RULES ON NOTIFICATION CANNOT BE DEVIATED FROM
Today, it is possible to deviate from the rules of the Danish Holiday Act on notice of holiday in a contract of employment. For example, employees must be notified of the main holiday only 1 month in advance, and of remaining holiday only 14 days in advance.HK lobbied against deviations from the Act in the contracts, , arguing for only allowing deviations in concrete situations where the salary earners also have an interest in scheduling a holiday for earlier than within 3 months or 1 month.
SALARY EARNERS MUST CONSENT TO SCHEDULING THE MAIN HOLIDAY IN SEPTEMBER
Under the new Holiday Act, the main holiday can be scheduled by the employer in the period from 1 May to 30 September. But it is also set out in the Act that the salary earner is entitled to the first 4 weeks of holiday being scheduled within 12 months. These rules entail that the main holiday cannot be scheduled in September (and later) by the employer, unless the salary earner consents.A POSSIBILITY OF TAKING HOLIDAY IN ADVANCE
The new Holiday Act there is a possibility of taking holiday in advance, as proposed by HK. If you agree with your employer, you have the possibility of taking holiday before you are actually entitled to it. If you then cease working for the employer before the holiday is accrued, the employer will have the possibility of deducting the value of the days of holiday taken from the pay you are owed.PAYMENT OF THE HOLIDAY ALLOWANCE
From 1 September 2020, the holiday allowance will be paid either with the corresponding holiday starts, or twice a year. This means that for the period from 1 September to 31 May, the holiday allowance will be paid with the salary for May, and the holiday allowance for the remaining part of the holiday year must be paid with the salary for August.The employee thus has a choice between two different payment profiles.
IS YOUR WORKPLACE CLOSED FOR HOLIDAY?
Some enterprises shut down collectively in the summer holiday. It may either be the entire enterprise or a limited part, such as a production unit. If your place of work has collective holiday shutdown, your employer may demand that you take holiday even if you have not earned entitlement to payment of the holiday. If you are owed holiday pay, you can apply for it.