- 20 Oct 2010
The Danish Minister for Employment sees a risk that the ECJ will overturn the Danish provisions concerning sickness-affected holiday. New rules may therefore be on their way.
In January 2010, a task force consisting of representatives from the Danish Ministry of Employment and the social partners was set up to look at the Danish Holiday Act’s provisions on the consequences of sickness during holiday.
The task force was set up against the backdrop of an ECJ ruling last year which cast doubt as to whether the Danish provisions are consistent with the Working Time Directive. Click here to see our commentary on the ruling. The problem is that, under the Danish Holiday Act, employees are only entitled to replacement holiday if they fall ill before their holiday. This may be in conflict with the Directive because it means that employees will not be entitled to replacement holiday if they fall ill during their holiday.
The task force recently issued its report. However, the parties seem to have found little common ground: On the employee side, the view is that the Danish Holiday Act should be amended as soon as possible. The employers, on the other hand, take the view that there is not sufficient basis for an amendment.
The Ministry believes that, if asked for a preliminary ruling, the ECJ would most likely overturn the Danish provisions.
Norrbom Vinding notes that an amendment of the Danish Holiday Act and its provisions on sickness and holiday does not seem to be on the Danish Government’s agenda based on the legislative programme which was announced last week at the opening session of the Danish Parliament.
Norrbom Vinding will of course follow up on any bill introduced in this area.