Legal advice

Your rights in the event of illness or death of your family and loved ones

It can be difficult to handle work if you experience the death, illness or unhappiness of a loved one. Read about your rights in the Danish job market and when you can report sick if you are grieving.

Most people are affected by grief due to illness or death during their working life. This could be, for example, if your spouse gets cancer, your child is assessed and receives a diagnosis, or your elderly parents are dying or you need to plan their funeral. It may affect you to an extent where you have to call in sick or take leave for a period of time.

You are entitled to absence from your work due to "compelling family reasons". This covers acute illness or accident of family members, where it is "urgently necessary" that you can be present.

In these cases, your employer cannot refuse you time off, but the absence is basically unpaid, unless otherwise stated in your employment contract, collective agreement or staff handbook.

You must ensure that you inform your employer of the absence as early as possible. You do this by contacting your immediate manager according to the same guidelines as if you were to call in sick. You must state the reason for your absence, but you are not obliged to provide specific information. It is therefore sufficient to say that a family member or a close friend has been affected by a serious illness or accident, but you do not need to say who it is or what specifically happened in the situation.

Contact IDA's legal advisers and find out whether you have the right to absence

Divorce: Can I take time off?

You do not have the right to leave in connection with a divorce or if you and your partner separate. However, you can try to make a special arrangement with your employer.

A divorce or a break-up with a partner can be a heavy psychological burden, and your doctor may therefore also recommend that you should call in sick. To get a sick leave, you must follow the usual rules for sick leave and get an sick note from your doctor.

Read more about sick leave

Can I take carer's leave to care for a dying family member or friend?

You have the right to leave to care for a close family member or close friend who wishes to die in their own home. You are not entitled to salary during the period, but you can receive care allowance (plejevederlag), which you apply for in your family member's or friend's municipality of residence.

You can apply for a care allowance equivalent to full-time or part-time and the period is unlimited, as long as you care for the person in their own home.

You must inform your employer that you will be caring for your family member or friend, and do so no later than when you apply for the care allowance.

Read more about care allowance at borger.dk (in Danish)

Am I entitled to bereavement leave if I lose my child?

You are entitled to bereavement leave if you lose a child under the age of 18. This also applies if your child is stillborn after the 22nd week of pregnancy.

Bereavement leave if you lose your child: Here are your rights

Death or funeral of someone close to me: Can I take time off?

You do not have the right to absence if you lose a loved one and it is not your child, or if you are going to a funeral.

However, many workplaces have special rules about absence in the event of death or funerals, which you can find in your employment contract, collective agreement or staff handbook. In certain cases, it will be referred to as "special occasions (mærkedage)", which you can agree on with your immediate manager. Although you have the right to leave for a funeral, you are not entitled to pay during your absence.

If you have experienced a death among your loved ones, you may be so affected by the situation that you should call in sick from your work. If this is the case, the usual rules for sick leave apply.

Contact IDA's legal advisers if you are considering calling in sick

Read more about sick leave

Read more: Leave on anniversaries and special occasions

Am I entitled to bereavement leave if I lose my spouse or partner?

The Danish Parliament is currently considering a proposal for four months' bereavement leave for people who lose a partner with whom they have children under the age of 18. So far, however, you do not have a right to absence if you lose your partner, unless it is part of your employment contract, collective agreement or staff handbook.

However, you may be so affected by the death that your doctor considers that you should call in sick from work. If this is the case, the usual rules for sick leave apply.

Contact IDA's legal advisers if you are considering sick leave

Read more about sick leave

Can I go on part-time sick leave if I have lost a loved one?

It can be a good idea to keep in touch with your work to a certain extent, even if you don't have the energy to work full time.

If you wish to work part-time, you must agree on this with your employer. IDA's experience is that most employers would like to know the expected length of the part-time sick leave, and that they would like to make a plan for your return to full-time work.

However, your employer is not obliged to accept a part-time sick leave, and this may mean that you must report sick full-time instead.

Contact IDA's legal advisers if you are considering sick leave

Illness, disability and school refusal: Do I have the right to absence to care for my child?

You only have the right to absence if your child is approved for a benefit according to section 118 of the Service Act.

You can get approval if you have to look after a loved one with a disability or a serious illness, and the conditions are:

  • That you are close to the person who needs care (e.g. you can be a spouse, cohabitant, child or parent)
  • That you are connected to the labour market
  • That the alternative for the care is a 24-hour stay outside the home, or that the need for care corresponds to the scope of a full-time job
  • That your municipality of residence assesses that there is nothing decisive that speaks against you caring for the person

If your municipality approves that you are entitled to coverage of lost earnings according to the Children's Act, section 87, you only have the right to absence if it is part of your collective agreement. This applies, among other things, to collective agreements in municipalities, regions and the state. The conditions for being approved for lost earnings are:

  • That the child is under 18 and lives at home
  • That the child has a significant and lasting impairment of physical or mental functioning
  • That the reduced functional capacity makes it necessary for the child to be cared for at home
  • That it is most appropriate for the father or mother to look after the child

In other cases where your child is unhappy and, for example, does not want to go to its school or institution, but is not approved for a benefit, the absence must be agreed on with your employer, and you must use holiday, flexible time or self-paid holiday. This applies regardless of the child's age.

If possible, you can also agree with your employer that you will have greater flexibility, or you can agree on a time-limited change to your contract, where your working hours and salary are less for an agreed period. If you cannot agree on absence with your employer, you may have to quit your job, or you risk being dismissed.

Read more about the possibility of coverage of lost earnings

Reduced time and salary: What to consider

My child has to go for an examination or diagnostic assessment: Can I take time off?

In acute cases

You have the right to absence in acute situations where you have not had the opportunity to plan the absence. That is, in the case of a sudden illness that requires action now and then, where it is necessary to seek medical help or go to the emergency room, for example. On the other hand, you do not have the right to absence if you change a scheduled appointment with your child's specialist doctor or suddenly get the opportunity to make an appointment.

If you take time off because your child has suddenly become ill, you are not guaranteed the right to pay during the absence, unless it is stated in your employment contract, collective agreement or the personnel handbook at your work.

In the case of long-term illnesses

You must agree on the absence with your employer, and you are not entitled to salary during the time you take your child for tests or examinations. If it is a long-term process, you can apply to have the lost earnings covered by your municipality of residence.

Apply for compensation for lost earnings at borger.dk

Get more help if one of your loved ones is affected by death, illness or unhappiness

Talk to your manager or trade union representative

It is a great help if you can have an open and honest dialogue about your situation and your options with your manager. Here the focus must be on your challenges and how your work can be organised. If you do not wish or have the opportunity to speak to your manager, you can start by contacting the trade union representative at your workplace to find out more about your rights.

How you can get help from your trade union representative

Employment contract, personnel handbook and collective agreement

If you have particularly favourable rights, you can find them in your employment contract, staff handbook or collective agreement. You must contact your immediate manager or the HR department at your workplace if you are in doubt about where to find them.

Get legal help from IDA

As an IDA member, you can always contact IDA's legal advisers and get help with your situation.

Contact IDA's legal advice

Read more at borger.dk

At borger.dk you can read more about the rules and your rights if you experience illness, accident or death among your loved ones. Here you can also apply for financial compensation for lost earnings and care allowance.

Read more at borger.dk