What is leave?
Leave from work, also known as a leave of absence, refers to taking time off from your job. The conditions of your employment contract influence your eligibility for leave. Rules vary depending on whether you are employed in the public or private sector, and whether your leave is related to conscription, deployment, parenting, or caring for someone else.
Who pays during leave – is the employee entitled to salary during leave?
Leave is typically unpaid unless otherwise specified in the employee’s contract or agreement, which may grant rights to paid leave.
There are specific circumstances where employers are required to grant leave to employees in both the public and private sectors. Situations where you are entitled to statutory benefits or salary include:
- Parental and maternity/paternity leave – if you are having a child.
- Care leave – if you need to care for a close relative who is seriously ill.
- Compassionate care leave – if you need to care for a close relative who wishes to be cared for at home during their final days.
Leave for private sector employees
Private-sector employees generally do not have an automatic right to leave. Exceptions may apply if your employment contract specifies otherwise. Agreements or workplace policies may also provide opportunities for leave, even if you work in the private sector.
Your employment terms determine how long you are entitled to take leave. If you are not entitled to leave, you can always try to negotiate leave with your employer.
Leave for public sector employees
Public-sector employees are entitled to leave with one exception: the employee's leave must not conflict with the employer's interests or result in significant operational consequences for the organisation.
There are multiple forms of leave, but leave typically does not have a time limit. Instead, it must be agreed upon with the employee.
Working abroad as a public-sector employee
Employees wishing to take leave in connection with work abroad are entitled to leave if the following criteria are met:
- They are sent abroad in cooperation with Denmark's official development assistance programme for developing countries, such as DANIDA.
- They are seconded to serve with international organisations in which Denmark participates, such as NATO, OSCE, and the UN.
- They are employed to work for the Greenlandic Self-Government.
Spouses or partners of such employees are entitled to similar leave if they are also public-sector employees. Otherwise, leave can potentially be negotiated.
Special cases for leave
Special considerations apply to leave requests based on public duty or conscription. Public duty refers to obligations imposed by the state, such as serving as a juror or lay judge in court cases.
- If you are employed in a private company, you must grant leave for public duty unless the employee’s absence would cause significant operational consequences.
Regarding conscription, employees have special protection against dismissal and retain their right to leave from work.
Can an employee be dismissed while on leave?
As an employer, you are responsible for ensuring a position is available for your employee within the same employment area upon their return. Unless the leave is due to conscription, employees can be dismissed while on leave under the same conditions as other employees.
Want to take control of your workday and gain clarity on all relevant rules? Contact us today for a discussion on how we can assist you.
