How many days of holiday are you actually entitled to? Can the employer decide when the employees should take their holiday? Can the employee demand to take holiday during the notice period? In this article, we'll take a closer look at the length and timing of holidays. The Holiday Act regulates employees' entitlement to holiday and holiday pay, and cannot be deviated from by agreement to the detriment of the employee other than where the law explicitly provides for this.

How many days of holiday are employees entitled to?

Employees are entitled to 25 working days' holiday each year. Since the Holiday Act operates with Saturday as a working day, this means holiday for 4 weeks and one day. The employer must ensure that the employee takes holiday every year, and the employee is obliged to take the holiday unless they do not have full accrual of holiday pay. Employees without full accrual of holiday pay have the right to take holiday, but no obligation to the extent that the holiday pay does not cover the loss of salary during the holiday.

Employees who turn 60 during the holiday year have an extra 6 working days' holiday.

If an employee starts no later than 30 September in the holiday year, the employee is entitled to full holiday. If an employee joins after 30 September, they are entitled to 6 working days' holiday.

Transfer of holiday

As mentioned, the employee is obliged to take holiday and the employer is obliged to ensure that this happens. However, the Holiday Act allows for a written agreement to be entered into regarding the transfer of up to 12 days of holiday to the following holiday year.

If holiday is not taken before the end of the holiday year, in contravention of the Holiday Act or due to leave, illness, etc. these holiday days must be transferred to the following holiday year. If the failure to take holiday is due to the employer, the employee may also claim compensation.

Who decides when the holiday should be taken?

In principle, this is determined jointly by the employer discussing the timing of the holiday with the individual employee or employee representatives well in advance of the holiday. If they do not agree, the employer can determine the time of holiday on its own, albeit within the framework of the Holiday Act. Employees can demand that the "main holiday" of 18 working days is taken between 1 June and 30 September, which is called the "main holiday period". This does not apply to employees who start after 15 August. The employee can demand that the remaining 7 working days ("the rest of the holiday") are given together within the holiday year in its entirety.

Employees over the age of 60 are free to decide when to take their extra holiday, unless otherwise agreed with the employer. The extra holiday can be taken as a whole or one or more days at a time.

When should I be notified of the end of my holiday?

The employee may demand to be notified of the holiday cancellation as early as possible and no later than two months before the holiday, unless "special reasons" prevent such notification.

Employees over the age of 60 must give their employer at least two weeks' notice before taking extra holiday.

Can the employer change the time of the holiday?

Once the employee has been granted holiday, the employer only has a certain right to change the time of the holiday. This can only be changed by the employer if it is necessary due to unforeseen events and the cancellation causes significant operational problems. If the employer can arrange a substitute for the employee, the employer will not be allowed to change the time of the holiday.

Prior to the change, the employer is obliged to discuss the question of change with the employee. In such a meeting, the employee has the right to be assisted by a union representative. The employee may claim compensation for documented additional expenses resulting from the reorganisation of the holiday. In that case, these expenses must be disclosed during the discussion. Additional expenses that the employee has not provided information about during the discussion can only be claimed as compensation to the extent that they appear to be obvious consequences of the reorganisation.

Special rules apply to changes to fixed holidays during periods of notice and in the event of illness, leave, etc. which are discussed below.

Holiday settlement during notice period

If the employer dismisses an employee, the employer cannot require the employee to take holiday during the notice period without the employee's consent, unless the notice period is three months or more. The employee may also object to already scheduled holidays being taken during the notice period before resignation.

In the event of the employee's own resignation, the general rules for determining, changing and cancelling holiday apply.

If holiday has been determined, this cannot be changed due to dismissal without the employee's consent, unless the conditions for the general right to change are met, cf. above.

The employee may demand that holiday be taken before the expiry of the notice period if there is no time to take holiday within the main holiday period or the holiday year after that time. Employees who give notice of termination after 15 August may not demand that holiday be taken before 30 September.