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Concurrent holiday

Under the Danish Holiday Act (Ferieloven), holiday accrued must be taken in the year following the year of accrual.

Under the Holiday Act, the employer may, however, make an agreement on concurrent holiday with foreign employees. According to the rules on concurrent holiday, the holiday may be taken while being accrued.

Special holidays are not covered by the rules on concurrent holiday. Special holidays are subject to the general rules set out in the state’s Holiday Agreement.

Aarhus University has laid down the following rules on concurrent holiday:

Persons covered and entry into force:
The rules on concurrent holiday apply to all foreign employees under the researcher taxation scheme.

According to the approval of the Danish Agency for Labour Market and Recruitment, the rules on concurrent holiday also apply to foreign employees in the following staff groups:

  • PhD students
  • Research assistants
  • Postdocs/assistant professors/researchers, associate professors, senior researchers, professors and professors with special responsibilities under the job structure for academic staff at universities not covered by the researcher taxation scheme
  • Department heads
  • Assistant professors and associate professors under the job structure for the Bachelor of Engineering programme and the Global Business Engineering programme not covered by the researcher taxation scheme

The Danish Agency for Labour Market and Recruitment’s approval applies to foreign employees appointed for a fixed term and foreign employees employed in a permanent position. However, the above-mentioned groups of persons can only be covered by the rules on concurrent holiday for up to five years.

Concurrent holiday is offered to employees meeting the above-mentioned criteria and employed for a fixed term or permanently on 1 May 2014 or later.

Concurrent holiday is also offered to employees employed at AU meeting the above-mentioned criteria and who are transferred to a fixed-term or permanent position on 1 May 2014 or later.

Description of scheme:
Employees covered by the concurrent holiday scheme accrue 2.08 days of paid holiday for each month of employment, corresponding to 25 days of holiday a year. The holiday may be taken while it is being accrued. The accrued holiday must be taken no later than three years after the end of the month in which it was accrued. Otherwise, the employee will forfeit his or her right to the accrued holiday.

The most important differences between concurrent holiday and staggered holiday are:

  • No distinction is made between the year of accrual and the holiday year.
  • No distinction is made between main holiday and remaining holiday.
  • Any outstanding holiday entitlement is disbursed directly to the employee on resignation.

Foreign employees with fixed-term employment for more than five years, are informed at the start of their employment that they will be subject to the ordinary holiday rules after five years of employment.

Scheduling and taking of holiday:
The scheduling of the holiday is negotiated with the employee, and in so far as is possible the employee’s wishes must be accommodated. The scheduling of the holiday is ultimately decided by the management.

The general rules on notice in the Danish Holiday Act (three months’ notice of summer holidays and one month’s notice of the remaining holiday) do not apply to employees covered by the rules on concurrent holiday. A reasonable notice of holiday must be given in these cases. The university will usually regard two months’ notice of summer holidays (main holidays) and one month’s notice of the remaining holiday as reasonable notice.

The employee and the manager may agree that paid holiday is taken in advance. For example, a foreign employee employed from 1 January to 31 December may, subject to written agreement with the manager, take 15 days of (paid) holiday in July. The place of employment bears the risk of the employee going home before the end of his or her contract and possibly without having accrued enough days of holiday to cover the days of paid holiday taken. Notice may also be given of (paid) holiday not yet accrued.

The management must ensure that the holiday is taken while it is being accrued, such that in so far as is possible the holiday has been taken by the end of the period of employment.

It is recommended that any holiday to be taken during the first part of the period of employment be agreed at start of the period of employment. Holiday for the following years must be scheduled at the same time as holiday for other academic staff.

Disbursement of accrued holiday:
As a general rule, by the end of the period of employment, all accrued holiday must have been taken. Only in special circumstances should compensation be paid for holiday not taken.

At the end of the period of employment, any outstanding holiday entitlement is disbursed directly to the employee.

Holiday obstacles:
In connection with  holiday obstacles such as sick leave and maternity/paternity and adoption leave the ordinary holiday rules apply. In case of a holiday obstacle it is however not possible to have the holiday allowance paid out without the employee actually taking holiday. The employee must take his/her holiday when the holiday obstacle is no longer present.
Alternatively the holiday allowance can be paid out to the employee at the end of the employment period/when the employment ends.

The rules regarding replacement holiday in the Danish Holiday Act apply.

Transition to staggered holiday according to the rules in the Holiday Act:
Employees may be covered by the rules on concurrent holiday for up to five years. After five years, employees become subject to the general rules on staggered holiday in the Holiday Act. When going from concurrent holiday to staggered holiday, holiday accrued but not taken is disbursed to the employee, unless the employee and the manager agree in writing that the holiday accrued but not taken be converted to days of holiday instead of being disbursed.

If the employee has accrued an entitlement to fewer than 25 days of paid holiday or no days of paid holiday in the holiday year when he or she makes the transition to staggered holiday, the employee has a right but not an obligation to take unpaid holiday. A total of 25 days of holiday may be taken in the holiday year.

The employee is not entitled to pay when taking such unearned holiday.

Transition between concurrent holiday and staggered holiday during period of employment:

Employees who at the time of employment chose not to be covered by the concurrent holiday scheme cannot later during their employment choose to be covered by the concurrent holiday scheme.

Employees who at the time of employment choose to be covered by the concurrent holiday scheme cannot subsequently choose to be covered by the general rules on staggered holiday in the Holiday Act, except when, under the rules on concurrent holiday, they are obliged to transition to the general rules on staggered holiday in the Holiday Act, see above.

 

In the event of any inconsistency between the Danish and English language versions of the document, the Danish version prevails.

 

 

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