FAQ – New Holiday Act 2020

This page contains answers to the most frequently asked questions about the transition to the new Holiday Act from 1 September 2020.

What are the main changes in the new Holiday Act

The new holiday rules mean that you can take holiday as you earn it. Holiday is earned from 1 September to 31 August (the holiday year). Holiday can be taken as it is earned and for 16 months thereafter; currently, you have only 12 months in which to take your holiday. This means that, after the transition, you have to take your holiday in the period from 1 September in the current year to 31 December in the following year. You will continue to earn 2.08 days of holiday per month – i.e. 25 days of holiday per year.

After the transition to the new Holiday Act, your manager will also be able to tell you when to take your holiday with the same notice as today.

What happens with the holidays I earn in 2020

Holidays you earned in the period from 1 January to 31 August 2020 will be frozen in a new fund called Lønmodtagernes Feriemidler, along with holidays you earned in the period from 1 September 2019 to 31 December 2019. You can have the frozen holiday pay paid out when you reach state pension age, if you take early retirement, if you stop working permanently for health reasons or if you move abroad. However, the fund is not obligated to pay any holiday pay due until from 1 October 2021. Read more about payment of frozen holiday pay at www.borger.dk

On 15 June 2020, the Government entered into an agreement, under which you can choose to have three weeks of frozen holiday pay disbursed in autumn 2020. During the period October - December 2020, you can request payment via www.borger.dk . Payments will not be set against transfer income. In autumn 2020, the Government will start negotiations on possible payment of the remaining two weeks of frozen holiday pay. 

The new Holiday Act comes into force on 1 September 2020, after which you will be able to take any holidays accrued as you earn them.

Will my holiday brought forward from previous years be frozen

No. Only holidays accrued in the period 1 September 2019 to 31 August 2020 will be frozen in the fund. If you have brought holidays forward from previous years, these will not be frozen.

Do I lose holidays I have not taken or will these be frozen

No. Only holidays accrued in the period 1 September 2019 to 31 August 2020 will be frozen in Lønmodtagernes Feriemidler. If you have not taken your full holiday entitlement when the new Holiday Act comes into force on 1 September 2020, these holidays will just be carried over in accordance with the new rules. Any transferred holiday will not be frozen, but will also be brought forward under the new rules if they have not been taken. Transfer to the new Holiday Act will take place automatically. In other words, you will not lose any holiday entitlement as a result of the introduction of the new Holiday Act. 

Will I be able to take a Christmas holiday in 2020

 

Yes. Holidays are accrued on an ongoing basis, meaning that you will be able to take 2.08 days of holiday per month on an ongoing basis. How much holiday time you have at your disposal for the 2020 Christmas period therefore depends on how much holiday you have taken over the course of the year up to that point.     

Can I take holiday in advance

The senior management team has decided that AU will not make use of the option to take holiday in advance (before it has been earned), but that in exceptional cases it may be possible to take the holiday earned during the current month (2 days). Taking holiday in advance, i.e. the two days earned in the current month, requires agreement with your immediate supervisor, who will assess whether this is an exceptional situation.

What will happen with special holidays

The special holidays will continue unchanged. This means that you will continue to earn 0.42 special holidays per month over the calendar year, corresponding to five days per calendar year. The special holidays may still be taken in the year after they were earned in the period 1 May to 30 April.

Can I have frozen holiday pay paid out if I leave Denmark

Yes. You can apply to have frozen holiday pay paid out if you move to another country. Read more about your options for payment at www.borger.dk

What if I am from outside Denmark and I have already been on concurrent holiday

You will transition to the new concurrent holiday scheme once the new Holiday Act comes into force on 1 September 2020. Any outstanding holiday entitlement will be carried over automatically under the new Holiday Act. Therefore, you will not lose any holiday entitlement in connection with the transition to the new Holiday Act.

When can I take my holiday

The holiday period will be extended to 16 months under the new Holiday Act. This means that you will be able to take holidays in the period 1 September to 31 December the following year.

Can my manager tell me when to take holidays

 

Yes. The rules under the old Holiday Act relating to enforced holidays with notice will remain the same under the new Holiday Act. This means that your manager can tell you (with due notice) when to take your main holiday at three months' notice. One month’s notice for your remaining holiday. If your special holidays are not scheduled to be held as of 1 January, your manager may also tell you when to take your special holidays at one month's notice. However, your manager may only tell you to take as much holiday as you can earn in the holiday year. If you resign, your manager cannot tell you to take the last two days of holiday that you earn in the month leading up to your resignation, as these will not be available until the first day of the following month.

In 2019, I have earned less than 8.4 days of holiday for use during the summer of 2020

 

If you have not earned full holiday entitlement which can be used during the ‘mini holiday year’ from 1 May 2020 to 31 August 2020, you can apply to have your holiday pay disbursed from the fund. This is called a holiday advance. You can submit an application to the Lønmodtagernes fond for tilgodehavende feriemidler (the employees fund for outstanding holiday pay) for disbursement of the holiday pay which you earned during the period from 1 September 2019 to 31 December 2019 and which has been frozen in the fund.

The possibility of disbursement of your holiday advance from the fund applies to you if:

·        you earned days of holiday during the period from 1 September 2019 to 31 December 2019 and

·        you earned fewer than 8.4 days of holiday during the period from 1 January 2019 to 31 August 2019

Applications concerning disbursement of a holiday advance from the fund can be submitted from April 2020 to December 2020.

You can apply for payment of your holiday advance here: www.borger.dk

I am retiring. When will it be possible for me to have frozen holiday pay disbursed

The Government has agreed that everyone can request payment of three weeks of frozen holiday pay in autumn 2020. The holiday pay which is still frozen in the Lønmodtagernes fond for tilgodehavende feriemidler (the employees fund for outstanding holiday pay) in the period from 1 September 2019 to 31 August 2020 will be paid out when you reach state pension age. However, because the fund must be established and the holiday pay must be paid into the fund, it has been defined in the legislation that the fund is not obliged to disburse holiday pay before 1 October 2021.

You can find additional information about disbursement, taxation and links to the fund etc. at www.borger.dk (in Danish) or lifeindenmark.dk

I am a trainee. Will I be able to take a summer holiday in 2020

If your trainee programme is covered by the Danish Act on Vocational Training (Erhvervsuddannelsesloven) and you were hired before 1 July 2020, you are entitled to 16.64 paid days of holiday in the ‘mini holiday year’ from 1 May 2020 to 31 August 2020. However, please note that you will lose the right to any allocated (not earned) days of holiday if you have not taken them before the transition to the new Holiday Act on 1 September 2020. Any allocated days of holiday will be lost because they must be taken within the specific period in which they have been allocated. If the paid days of holiday have been earned but have not been taken by 1 September 2020 at the latest, the days will not be lost, but will instead be transferred so they can be taken in accordance with the new Holiday Act.

What will happen to my frozen holiday pay if I die

If you die before your frozen holiday pay has been paid to you, the frozen holiday pay will be disbursed to your estate.

Are there are any changes in payment of the special holiday allowance

Yes. When the new Holiday Act enters into force, the date when the special holiday allowance will be paid will change. In accordance with the new Holiday Act, the special holiday allowance will be paid twice annually (today it is disbursed with your salary for April). In accordance with the new Holiday Act, special holiday allowance for the period from 1 September to 31 May will be paid with your salary for May. Special holiday allowance for the period from 1 June to 31 August will be paid with your salary for August..

Where can I see my holiday balance

You can see your holiday balance by logging in at the top right-hand corner of medarbejdere.au.dk 

You can see the holiday you have taken and the holiday that you have already planned. Always remember to reserve three weeks of holiday for the summer holiday period. Please also remember that you will not earn the last four days of holiday for the holiday year until July and August, respectively. This means that the last 2 x 2 holiday days can only be taken from 1 August and 1 September, respectively..

I am a newly graduated academic and have been awarded five days off, will they lapse on 1 September

No, the five days off must be taken in your first year of employment. The agreement on the allocation of days off to new academics will lapse on 1 September, but if you were employed before that date, and have been granted the days, they may still be taken in the first year of employment.

If you have questions, please feel free to contact your HR partner.

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Find out more about the new Holiday Act

The Agency for Modernisation will issue a new holiday agreement with associated guidelines. This page will include a link to the new holiday agreement once it becomes available.

The Agency for Modernisation has made short guidelines about switching to the new Holiday Act (in Danish).