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WORKING IN DENMARK

EXPLAINED: What are the rules for taking sick leave in Denmark?

If you are unwell and unable to work, Danish employment law allows you to take sick leave if you are in employment, self-employed or receiving social welfare credit.

EXPLAINED: What are the rules for taking sick leave in Denmark?
What are your options if you need to take time off sick in Denmark? Photo by Towfiqu barbhuiya on Unsplash

People who work in Denmark are entitled to take sick leave and it’s important to take care of yourself when you become ill. 

In Denmark, mental health conditions such as depression or stress are treated on equal footing with injuries and physical illnesses. The latter can range from the ‘flu to more serious conditions where you have to be hospitalised for treatment.

Taking sick leave under the Danish employment provisions might difficult to grasp, especially if you are a foreigner in Denmark and used to having different rules or practices in your home country. But if you are legitimately ill, then you are entitled to take sick leave in these situations. You might be asked to provide proof of your illness from your doctor at any time. 

To get sick pay in Denmark, you must live and pay tax in the country (a few exceptions apply under special circumstances).

It is your employer and/or the relevant local municipality which is responsible for paying out sick pay, depending on a number of conditions, primarily related to the length of time for which you have been sick, and also for how long you worked for your employer before illness.

In 2022, municipal sick pay of up to 4,465 kroner per week can be paid out.

The steps you must take vary depending on whether you are employed, self-employed or receiving unemployment insurance (dagpenge). This is addressed below.

Employed

Who is entitled to sick leave?

One of the following requirements must be fulfilled if you are to qualify for municipal sick pay (sygedagpenge):

  • You must have worked for 240 hours within the last six months prior to your first day of sick leave. For at least five of these months, you must have worked at least 40 hours in total that month.
  • Had you not been sick, you would have qualified for unemployment cover (dagpenge) in relevant circumstances. This requires membership of an insurance provider known as an A-kasse (which provides for sick pay if you are unemployed at the time you become sick).
  • You have completed a vocational education programme (erhvervsmæssig uddannelse) lasting 18 months or longer within the last month.
  • You are enrolled in certain types of internship or education programmes or work at a reduced number of weekly hours for health-related reasons (flexjob).

What steps do I need to take?

On your first day of illness, you should let your manager know that you are taking the day off and log it according to company procedures. This informs your employer (especially the payroll department) that you have taken a sick day.

You must inform your employer that you are sick within two hours of the time you would normally have started working, unless there are extenuating circumstances (such as being unable to call due to a hospitalisation) which prevented you from getting in touch.

This is important for a couple of reasons, but if you are going to be out for a significant period, your company will be eligible for partial reimbursement by your municipality. It’s also important that there is a clear first day of illness logged in case it turns out to be a long illness. 

If you do not call in sick on time, you only have the right to sick pay from the time at which you informed you employer.

You employer is required to inform the municipality of your sickness within the first five weeks of your first sick day. Once the municipality has registered your sickness, it initiates processes including payment of sick pay and measures aimed at helping you gat back to work.

If or when the municipality is responsible for paying you during sick leave, you will receive a form via the secure digital mail system e-boks (also accessible via borger.dk and Digital Post), which you must fill in and return by the given deadline, usually 8 days after it is sent by the municipality. You should contact the municipality if you do not receive the form.

If your employer is paying your sick leave, they can apply to the municipality to refund them using the municipal sick pay you would otherwise have received. In this case, you will receive a statement containing the information your employer has passed on to the municipality. You should check to make sure the details are correct.

What about extended absences?

If you end up taking a long period of sick leave, then your employer will contact you about conducting a sickness absence interview. This is a mandatory interview that has to be completed within four weeks from the first day of the illness. The employee is also obligated to attend, which can be in person or by phone, unless this is impossible due to the nature of the illness.

The purpose of this interview is to talk to you about making a plan to come back to work. If you think that you will be on sick leave for more than eight weeks, then the employer is entitled to ask you for a return-to-work plan. The terms of your return can be discussed and agreed upon, according to what makes sense in your situation. You could, for example, ask to return on a part-time basis at first and gradually work back up to full-time.  

You don’t have to divulge the nature of your illness, but your company has the right to ask you for a ‘Fit for Work’ certificate or mulighedserkæring. This applies to both short-term and long-term illnesses.

You and your employer fill out one part, and your doctor also has a part in the completion of the certificate.  The overall point is to evaluate how the illness has impacted your ability to perform your job duties.

How long can I take off sick?

You are allowed an initial 22 weeks off sick within a 9-month period. Before these 22 weeks are up, your municipality will assess whether your sick leave period can be extended.

An extension can be granted for a number of reasons, including the presence of a plan to return to work once you are fit again; a plan to ease back in through a period of part-time work or training known as virksomhedspraktik; diagnosis of serious illness, or pending outcomes of other types of assessments.

READ ALSO: Can you take sick leave in Denmark if your child is ill?

Self-employed

Who is entitled to sick leave?

As a self-employed person, you can take sick leave if:

  • You have run your own business for six of the last 12 months. The business activities must be considered ‘significant’ and have been ongoing in the last month before your absence.
  • You must have spent at least half of normal full-time working hours (18.5 hours per week) running the business.

If your business has not existed this long, prior spells working as an employee can count towards your entitlement.

You can receive municipal sick pay from after two weeks of sickness unless you have taken out a voluntary insurance policy which can give you sick pay from the first or third day of absence.

What steps do I need to take?

Regardless of whether you have the insurance mentioned above, you must register your sickness on the NemRefusion portal within three weeks of your first day of absence.

If you have the insurance, you must registered within a week of the first day on which the insurance covers you (i.e. the first or third day of absence).

Sick pay for self-employed people is paid out by your municipality. You will receive a form via the secure digital mail system e-boks (also accessible via borger.dk and Digital Post). You must inform the municipality how long you expect to be out for and if the sickness is expected to affect your ability to work later.

What about extended absences?

You municipality will continually follow up with you during your sick leave.

If you end up taking a longer period of sick leave, then the municipality will contact you about conducting a sickness absence interview within eight weeks from the first day of the illness.

The purpose of this interview is to talk to you about making a plan to come back to work. The terms of your return can be discussed and agreed upon, according to what makes sense in your situation.

You will be obligated to attend, which can be in person or by phone, unless this is impossible due to the nature of the illness.

The municipality is also entitled to request a doctor’s declaration of your condition, in order to help put together a plan for safeguarding your return to work, the expected duration of the sickness and other aspects.

You can request a ‘fast-track’ process with your municipality if you expect your absence to last longer than eight weeks. More information about this can be found here.

How long can I take off sick?

You are allowed an initial 22 weeks off sick within a 9-month period. Before these 22 weeks are up, your municipality will assess whether your sick leave period can be extended.

An extension can be granted for a number of reasons, including the presence of a plan to return to work once you are fit again; a plan to ease back in through a period of part-time work or training known as virksomhedspraktik; diagnosis of serious illness, or pending outcomes of other types of assessments.

Unemployment insurance (dagpenge)

Who is entitled to sick leave?

You can receive sick paid if you are unemployed and currently receiving unemployment insurance (dagpenge).

This means that, had you not been sick, you would have qualified for unemployment cover (dagpenge) in relevant circumstances, or were already receiving it at the time you fell ill.

This requires membership of an insurance provider known as an A-kasse (which provides for sick pay if you are unemployed at the time you become sick).

If you are move from dagpenge to sick leave, you are affected by different requirements. For example, you will not be obliged to send a set number of job applications per week – one of the criteria for dagpenge.

READ ALSO: A-kasse: Everything foreigners in Denmark need to know about unemployment insurance

What steps do I need to take?

You must register your sickness with your A-kasse on the first day you are ill. You can do this on the jobnet.dk platform.

You A-kasse will pay your sick pay for the first 14 days of your sickness, before informing your municipality which will then contact you via the secure digital mail system e-boks (also accessible via borger.dk and Digital Post). You must inform the municipality how long you expect to be out for and if the sickness is expected to affect your ability to work later.

What about extended absences?

Your municipality takes up ongoing contact with you during your period of sick leave.

If you end up taking a longer period of leave, then the municipality will contact you about conducting a sickness absence interview within eight weeks from the first day of the illness.

The purpose of this interview is to talk to you about making a plan to come back to work. The terms of your return can be discussed and agreed upon, according to what makes sense in your situation.

You will be obligated to attend, which can be in person or by phone, unless this is impossible due to the nature of the illness.

The municipality is also entitled to request a doctor’s declaration of your condition, in order to help put together a plan for safeguarding your return to work, the expected duration of the sickness and other aspects.

You can request a ‘fast-track’ process with your municipality if you expect your absence to last longer than eight weeks. More information about this can be found here.

How long can I take off sick?

You are allowed an initial 22 weeks off sick within a 9-month period. Before these 22 weeks are up, your municipality will assess whether your sick leave period can be extended.

An extension can be granted for a number of reasons, including the presence of a plan to return to work once you are fit again; a plan to ease back in through a period of part-time work or training known as virksomhedspraktik; diagnosis of serious illness, or pending outcomes of other types of assessments.

Source: borger.dk

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For members

WORK PERMITS

How have work permit rules been changed in Denmark?

After the Danish parliament last week voted to ease some work permit requirements, we take a closer look at which rules have been changed.

How have work permit rules been changed in Denmark?

Parliament to voted last week to make changes to Denmark’s immigrations rules designed to make it easier to for companies to hire internationally.

The bill, which was submitted to parliament in February by immigration minister Kaare Dybvad Bek, permanently reduces the minimum wage required under the Pay Limit Scheme (Beløbsordning), making it easier for companies to recruit skilled workers from non-EU countries.

It also opens up the country’s fast-track work permit certification scheme to companies with as few as ten employees, extends the job search period for foreign graduates of Danish universities to three years, adds more job titles to the Positive List for People with Higher Education, and extends the Start-up Denmark scheme for entrepreneurs. 

The new rules come into effect on April 1st, after which work permits can be applied for under the new rules.

Pay Limit Scheme 

The Pay Limit Scheme is an arrangement by which work permits are granted to non-EU nationals. Under the scheme, work permits can be granted to applicants who have been offered a wage above a set amount by a Danish employer.

Under the old rules that minimum wage was 448,000 kroner per year. The law change permanently reduces it to 375,000 kroner per year.

Foreign workers can now be given a work permit under the scheme on the lower wage, but it should be noted that that jobs given to non-EU citizens hired internationally are still subject to rules ensuring equivalent pay for the roles.

This means that if the role being hired for was normally paid 425,000 kroner, for example, employers will still have to pay this level, and not the 375,000 kroner minimum. 

Fast-track work permit 

The Fast-track Scheme allows certified companies to employ foreign nationals with special qualifications more quickly and easily than through the standard pathway.

If an employer and employee agree they want the new job to be started quickly, the employer can be given power of attorney to submit an application under the Fast-track Scheme on behalf the employee. It is a prerequisite that the employer is certified to use the Fast-track Scheme.

In short, this means that employers, by registering the scheme, can enable their foreign hires to be granted a temporary work permit so they can start their job immediately after arriving in Denmark, or – if the employee is not exempted from Danish visa rules – get them a permit including an entry visa within 10 days.

The new rules allow companies with as few as 10 employees to register for the scheme, a reduction from the minimum of 20 under the old rules.

Job search period for foreign graduates of Danish universities 

The outgoing rules allow students who have completed and been awarded a Danish Professional Bachelor’s (vocational), Bachelor’s, Master’s degree or PhD degree to can for an establishment card.

This is a residence and work permit that allows the graduated student to stay in Denmark for two years, the period of time the permit is valid, to enable them to apply for jobs and establish themselves on the labour market.

There are certain conditions attached to the establishment card: You must not give up your Danish address or stay abroad for longer than 6 successive months, and the permit does not allow you to work in other Schengen countries.

Under the new rules, all foreign nationals who complete degree programmes with the above classifications will automatically be given a three-year (a longer period than the two years given under the old rules) “job seeking period” in which they have the right to live and work in Denmark.

Positive List for People with Higher Education

The Positive List is a list of professions experiencing a shortage of qualified professionals in Denmark.

Danish Residence and work permits can be granted based on offers of jobs included in the Positive List. Applicants must have an educational background that makes them qualified for the job.

The Positive List is usually updated twice a year, in January and July, but the new rules open up this list to a broader range of applicants.

No information is currently available as to who will be covered by this broader scope, but the now-passed bill which implements the changes mentions that “regional labour market councils” and “specialised a-kasser” [unemployment insurance providers] can conclude there is “a national lack of qualified labour” and that job offers can thereby qualify for the positive list.

Start-up Denmark scheme for entrepreneurs

Start-up Denmark is a scheme for foreign entrepreneurs. Two-year work permits can be granted based on a business idea which must be approved by a panel of experts appointed by the Danish Business Authority. If the business is successful, the permits can be extended for three years at a time.

The scheme can be used by both individuals and teams of up to three people who want to start a business together in Denmark through a joined business plan.

There must be specific Danish business interests that favour of the establishment of the business in Denmark, and normal businesses such as restaurants or retail do not normally qualify under the existing rules.

However, like with the Positive List, the rule changes open the scheme to a broader range of applicants.

While it seems the new rules could benefit a broad target group of potential skilled foreign workers who see opportunities in Denmark, they “may be a game changer for the smaller companies hiring employees within industries with lower salary thresholds where the new hire has only a few years of experience,” Rikke Wolfsen, country manager Global Immigration practice with the Danish section of financial services company EY, told The Local in previous comments about the lower salary thresholds. 

Full details of the new rules and their relevant application pages and materials will be published on the website of the Danish Agency for International Recruitment and Integration (SIRI), the agency which processes work permit applications, on April 1st.

We will also report additional detail relating to, for example, the Positive List and job seeking period for graduates.

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