You are entitled to paid holiday if you have earned the right. Managers with authority to influence the daily operations of the company, they are employed by, are generally not covered by the Holidays Act. If you are employed in the public sector separate holiday agreements apply to you, which entirely or partly replace those of the Holidays Act.
If you are privately employed and covered by a collective agreement separate rules apply to you. Contact your trade union representative or IDA if you are in doubt.
Earning the right to paid holiday
You earn the right to paid holiday during the calendar year, and you take the holiday in the holiday year which runs from 1 May to 30 April the following year. Therefore, the holiday you take from 1 May 2016 to 30 April 2017 is accrued via your employment in the calendar year of 2015. Your right to paid holiday depends on whether you have earned the right to it.
If you have earned the right to paid holiday you will be paid your usual salary during your holiday. You will be paid your current salary regardless of any changes made since the year you earned the holiday right – unless the change is due to a change in working hours.
If you have not earned the right to paid holiday during your current employment you will be docked in pay when you go on holiday. If you have accrued holiday pay from a former employment you can get it paid from Feriekonto (holiday pay agency) or the body that administrates your holiday pay.
When can I take my holiday?
According to the Holidays Act, three of the five holiday weeks will be in the main holiday period, and the last two weeks can be used outside that period. In reality, your employer decides when you may take your holiday. Your employer must take your wishes into consideration, especially your wishes regarding holiday in the school holiday period if you have children in school.
You are not required to take a holiday if you have not yet been paid a salary or holiday allowance to finance it. Your employer can only insist that you take a holiday if you have been paid a salary or holiday allowance. However, if the employer’s company is closed during the holiday he can insist that you take a holiday even if you have not been paid a salary or holiday allowance.
The Holidays Act stipulates that an employer can change already agreed upon holiday plans if significant and unpredictable events make it necessary. In you suffer an economic loss as a result of this change you can demand that your employer cover it.
If you resign and your employer does not deposit your holiday pay with FerieKonto according to the rules, you have to claim your holiday pay from your employer. We recommend you contact IDA as soon as you discover the missing holiday allowance in connection with your resignation.
Collecting your holiday allowance
When the holiday allowance has been deposited with FerieKonto you will in March receive a letter from FerieKonto stating the number of holiday days available as well as your total holiday allowance. There are two ways to claim your holiday pay:
1. type in your holiday in FerieKonto’s online self-service – to which you need an NemID or
2. key in your holiday by calling FerieKonto’s self-service on +45 70 11 03 03
It can take up to five business days until FerieKonto deposits your holiday pay to your NemKonto (Easy Account).
If you are covered by a different holiday pay provider than FerieKonto you will receive a holiday request form that your current employer must sign.
By law you are not entitled to take 24 December and 31 December off. These two days are not holidays. Therefore, you may have to use days from your accrued holiday days to take them off, unless you are covered by an agreement or similar that gives you the right to take the two days off with pay.
At most workplaces, however, you can take Christmas Eve and New Year’s Day off with pay without using any of your accrued days of holiday. This will often be clarified in e.g. an employee handbook. If there is no employee handbook or similar you can ask your union representative or your employer about what is common at your particular workplace. Generally, it is customary that all publicly employed engineers are entitled to take 24 December and 31 December off with pay.
As a rule, you are not entitled to take 1 May off with pay as it is not a holiday. Nevertheless, many companies are partly or entirely closed on the day without docking the employees in pay. The same goes for Constitution Day (5 June). Regardless if you are publicly or privately employed, you are not automatically entitled to take Constitution Day off with pay. At many companies it is regarded as a day off though.