• For full time salary earners, sickness benefit is calculated on the basis of the weekly hours and the average hourly pay achieved for the last 3 months prior to sickness.
However, it cannot be more than DKK 4,465 per week.
The maximum amount permitted to be received per hour is the maximum amount of sickness benefit (DKK 4,465) divided by the normal contractual number of hours worked per week (37 hours).
Therefore, cannot be more than DKK 120.68 per hour.
• For part-time employees, sickness benefit is calculated on the basis of number of hours of work per working day, and current hourly income, but limited by the maximum hourly rate of DKK 120.68.
• Who pays: The employer still pays the sick pay after the first 30 days and request a refund of this from the local authority.
Employers Pays Sick Leave Benefit from day 1 to day 30 of sick leave
Local Authority Pays Sick Leave Benefit where Employee is employed for at least 240 hours within the last six completed calendar months prior to the first day of absence,
in at least 5 of these months Employee must have been employed for at least 40 hours in each month and cannot be entitled to sick pay from Employer for the same period;
Employee would have been entitled to unemployment benefit or a replacement benefit, if Employee had been unable to work;
• How is payment received
Employee must provide information in NemRefusion.
If Employee receives pay during illness, Employer can apply for reimbursement from the local authority equivalent to the amount Employee could receive in sickness benefit.
This is also done through NemRefusion.
In both cases Employee will receive a notification letter in their digital mailbox (e-boks).
Request for sickness benefits must then be made digitally in Mit Sygefravær within 8 days of the dispatch of the notification letter and submit to the local authority.
• The employer may require the medical certificate to be drawn up any time during the employee's illness or in connection with a course of repeated sick leave. The declaration must be made on a form approved by the Danish Agency for Labour Market and Recruitment. The declaration is paid by the employer.
• There is a possibility of limiting pay during sickness to maximum 120 days for “funktionærer” if the employee is doing administrative work and being paid monthly rather than hourly. At the
point of 120 days, there is an option for termination (and the ability to do so
does not depend on any provisions in an employment contract). The position on
termination is as follows:
“According
to Danish law, an employee may be dismissed because of sick leave provided that
the sick leave is not in respect of pregnancy, disability or other
circumstances affording the employee special protection against dismissal. In
fact, pursuant to Section 5(2) of the Salaried Employees' Act, the employer may
dismiss the employee because of sick leave amounting to at least 120 days
during 12 consecutive months on the condition that the notice of dismissal is
given immediately after the expiry of the 120 days of sick leave and while the
employee is still absent.”
Employer should be guided on formally by local counsel before terminating for
sickness.