It is only in a few situations that you have the right to a leave of absence without pay.
As an employee in the public sector you, as a starting point, do not have the right to a leave of absence without pay. However, if your employer does not find it a problem, you can make a written agreement about it together.
If you want to take a leave of absence, your employer must give a reason for why they cannot give it to you. It is not enough for your employer to simply say that they do not want to.
An acceptable reason could for example be that it is very difficult to find a qualified replacement, because the work is very specialized.
Right to leave of absence in the public sector
There are, however, certain requirements for a leave of absence in the following situations:
- You are stationed abroad in order to serve international organisations that Denmark participates in or has a cooperation with
- You are employed in Greenland’s Home Rule
- You are stationed abroad as a part of Denmark’s international development cooperation with developing countries.
Moreover, there are legal requirements to a leave of absence without pay if your spouse/partner:
- Is stationed in service abroad for state authorities
- Is stationed abroad in order to serve international organisations that Denmark participates in or has a cooperation with
- Is employed in Greenland’s Home Rule
- Is stationed abroad as a part of Denmark’s international development cooperation with developing countries.
- If it is in this regard a prerequisite that you follow your spouse or partner abroad or to Greenland.
Under certain conditions you can earn paid holiday time in the first six month period of a leave of absence without pay from state employment. This applies regardless of the purpose of the leave.
The precondition for earning holiday time is that:
- You return to the job by the end of the holiday year when the vacation would be held.
- You use your holidays before the end of the holiday year. Unless it is delayed according to the rules on interference of holiday time and transfer of holiday time.
Under a leave of absence without pay from a region or municipality, you do not earn paid vacation time.
Right to leave of absence as a private employee
As a private employee, it is only possible to get unpaid leave of absence if it has been agreed in your employment contract, it is stated in your collective agreement, or if you enter into an agreement with your employer in this regard.