Learn whether your employer instruct you to take holiday or time off in lieu and whether your planned vacation may be cancelled?
For private employees
I have holiday left for this holiday year but have not yet planned my holiday. Can I be instructed at shorter notice to take holiday than the usual three months for the main holiday and one month of the residual holiday?
Yes, if a very unusual and unpredictable situation arises, which the spread of the corona virus is believed to be, your employer may, on the basis of reasonable grounds, instruct you to take holiday by giving as little as one day’s notice before commencement of the holiday.
We recommend that, in collaboration with your employer, you find out whether it is possible to instead reschedule the work so that you are not forced to take a holiday at very short notice.
I have already planned my holiday and bought a trip in late April. My employer now instructs me to take holiday at short notice. Can he do that?
For your employer, the situation must be unpredictable and have significant unpredictable operational consequences before he can require you to take holiday now and cancel your planned holiday. Due to novel corona, we are currently in an unpredictable situation, but the change in holiday period must nevertheless be based on a factual assessment.
DM therefore recommends an investigation into whether the work can instead be organised so that it will not be necessary to change your holiday. If that is not feasible, you will have to be financially compensated for the loss you suffer by not being able to take your planned holiday.
I have just started my holiday, but my employer has now called and asked me to cancel the rest of my holiday. Can she do that?
No, holiday that has already commenced cannot be changed.
For public employees
Can my employer instruct me to take holiday without giving notice or ask me to take off time in lieu?
The Danish Prime Minister has announced that all public employees who do not perform critical functions will be sent home for two weeks as soon as possible and no later than Friday 13 March 2020. As far as possible, they must work from home. If this is not possible, they will be sent home with pay.
Public employees who have been sent home and do not work from home continue to be available to the employer and may also be required to assist with the performance of necessary community functions.
We understand the Prime Minister's statement to mean that public employees are sent home with pay, meaning that time is not taken in lieu and holiday is not taken while they are sent home. Conversely, you are available to the employer and must expect to work while you are paid your ordinary salary.
As far as those employed by the state are concerned, we have received confirmation that this is how it should be interpreted.
Learn more under the heading time off in lieu.
Can my employer cancel my already planned holiday if there is a need for me to come into work?
If your holiday has started, it cannot be cancelled unless you are employed by the state.
If your holiday has not yet started, it may be cancelled if essential unpredictable operational considerations require it. That is, it takes a lot for your employer to be able to cancel your holiday, but the situation with coronavirus is serious, and situations may easily arise which may justify your employer in cancelling your holiday - especially in the healthcare and nursing care sectors, this could probably quickly become relevant. If in doubt, contact DM.
If you are employed in the state, and your holiday is cancelled at shorter notice than the usual three months for the main holiday and one month for the residual holiday, and before the start of the planned holiday, you are entitled to 1.8 hours of paid leave for each day’s holiday that is rescheduled.
If the rescheduling occurs after your holiday has begun, the compensation amounts to 3.6 hours of paid leave for each day’s holiday that is rescheduled. If you receive expenses related to the restructuring, your employer must indemnify you according to the general principles of compensation.
Special holiday may be rescheduled on the same terms and under the same terms as regular holiday (residual holiday).
If you are employed in a municipality or in a region, your employer will also have to indemnify you for expenses that you may incur as a result of any rescheduled holiday.
For both private and public employees
My planned holiday abroad has been cancelled by the travel agency which means I cannot go. Can my employer require me to take holiday in the period agreed upon, or am I entitled to postpone my holiday?
Your employer may maintain that you take your holiday at the time agreed and you may only postpone your holiday if you can reach agreement on this.