Holiday and termination of employment
Holidays agreed upon before the notice of termination is received should generally be taken as planned. However, the employee may consent to changing the holiday schedule after the notice has been received by the employer.
When an employee resigns
If an employee gives notice to terminate their employment, taking holiday during the notice period follows normal rules. This means that the employer and employee must come to an agreement. Should they not agree, the employer has the right to decide when the holiday is taken.
The employee may request to take holiday in their notice period if taking leave during the main holiday period or before the end of the year is not possible.
An employee who resigns after 15 August is not entitled to holiday in the main holiday period.
When an employer terminates employment
If an employee is let go, the employer cannot make them take their holiday during the notice period when it is shorter than 3 months. The employee may refuse to take paid leave in the period prior to leaving their post.
If the notice period is 3 months or more, the employer can decide that the employee must use their unused annual leave during the notice period.
Dismissal during probationary period
If the notice period during probation is shorter than 3 months, the employer cannot make the employee take their holiday during this time.
Holiday during sickness
An employee who is not fit for work before their holiday starts can request that their leave is deferred until a later date. The request must be submitted with a medical certificate (sick note) on the last day of work before the holiday at the latest.
If the employee has been wholly unfit for work during the holiday, they may request that the same number of days are given as paid leave later in the holiday year. The request must be submitted with a medical certificate and presented as soon as possible after return to work.
The right to request holiday deferment is only applicable when employee themselves have been ill. Whether one is entitled to paid leave when the holiday is deferred until later in the holiday year depends on whether employee is entitled to sick pay for the period in question.
Holiday and sick leave
If an employee wishes to take holiday while they are fully or partially on sick leave, the sick leave period is interrupted during the time you take the holiday. The person on sick leave must inform NAV and the employer if they want to take their holiday leave during the period of sick leave.
Holiday and parental leave
Employer cannot require employee to take out holiday while on paid parental leave. The same applies to fathers and other caregivers who are on leave related to the birth.
Taking holiday while receiving parental pay
Employee is entitled to paid holiday during parental leave. NAV and the employer must be notified of this when employee applies for parental benefits. During the period the holiday is taken, the parental pay is stopped and replaced by holiday pay. The parental leave with parental benefits is extended accordingly.
If employee has days of holiday leave left when returning to work and there is no opportunity to take them during the holiday year, those days are carried over to the next year.
Holiday pay and parental pay at the same time
If employee receives holiday pay and parental pay at the same time, the parties may agree that the holiday has been taken. However, employee may request to take holiday after the parental leave has ended. The holiday will then be unpaid since the holiday pay has already been paid.
If the employee is sick as a result of the pregnancy, the holiday can be postponed as is normally the case with illness.
Holiday during military service
The employer can set the holiday leave for a period when the employee is engaged in military service. The holiday dates must nevertheless be discussed, and the employee must be informed about the dates and more in line with the normal provisions of the Holiday Act.
During compulsory service in the Home Guard or the Civil Defence or during Army training exercises, holidays are taken as per agreement. If such short-term compulsory service coincides with an already determined holiday period, the employee may demand that the working days of holiday during such service be postponed.