Illness and sick leave
Long-term illness: the 120-day rule
Can I be dismissed due to sickness?
As a rule sickness is a lawful absence and consequently is not in itself a fair reason for dismissal. There are exceptions though; e.g. in connection with long-term sickness where the employer cannot determine when you will be able to resume work and none of your colleagues can do your work tasks. In some cases, the 120-day rule applies.
What does “the 120-day rule” mean?
The 120-day rule means that you can be dismissed with one month’s notice if you have been ill for at least 120 calendar days within a year.
The dismissal must be carried out immediately on the expiry of the 120 days and while you are still ill. Sundays, holidays as well as days off are included in the 120 days, yet absence due to pregnancy-related illness is not. The 120 days do not have to be consecutive days.
Exceptions from the 120 day rule
It must be stated in your employment contract whether you are covered by the 120-day rule. If you are a public employee, you are not covered by the rule. If you are terminated due to illness and employed in the public sector, your normal notice of termination applies.
Get personal advice
IDA’s social worker advises on sickness benefit, aids, rehabilitation, flexible work and early retirement.
It is also possible to get assistance in appeals regarding sickness and pensions.
Read more about IDA's social worker (in Danish)
Get help from IDA if your dismissal is unjust
Contact IDA for advice if you have been dismissed because of sickness and you are in doubt whether or not it is legal.