The first of the 16-month holiday-use periods (ferieafholdelsesperiode) created by the new Holiday Act ends on 31 December 2021, and any holiday time you banked for use when the new system began needs to be used by then — as does at least four of the five weeks you earned starting on 1 September 2020.
Deadline for use of holiday time earned before 31 August 2019
In order to facilitate implementation of the system created by the new Holiday Act, a transitional period known as a “mini holiday year” needed to be created. During the mini holiday year, time off earned in the period 1 January-31 August 2019 could be used between 1 May and 31 August 2020. If you were employed during that period, you earned 16.64 days off. If you were unable to take those days before the new Holiday Act took effect on 1 September of last year, the days were available for later use.
With the transition period now coming to an end on 31 December, if you don’t use those days by then, you lose them.
Using and banking holiday time earned after 1 September 2020
You should also keep in mind that the Holiday Act stipulates that four of the five weeks of holiday time you earn each year during the 1 September-31 August holiday-earning period (ferieåret) needs to be taken before the end of the holiday-use period. By 31 December of this year, you need to have taken four of the five weeks you earned between 1 September 2020 and 31 August 2021.
The fifth week of holiday time can be banked and added to the time you earn during the next holiday-earning period, if you don’t have time to use it before 31 December. In order to be able to bank holiday time, your employer needs to agree in writing before 31 December. Likewise, your employer cannot require you to bank the final week and take it the next year.
If you haven’t taken your fifth week off before the end of the holiday-use period on 31 December, and you haven’t agreed with your employer that it will be banked, your employer must pay you for the week. This is something your employer is required to do; you do not need to request that it be paid out.
Prevented from taking time off?
Special rules apply if you were prevented from taking time off due to illness or maternity leave. If you were unable to take leave through to the end of the holiday-use period on 31 December, all holiday time can be banked and added to the time you earn during the next holiday-earning period.
Plan your time off now
If you have any unused time off, the best advice we can give is that you talk to your employer as soon as you can about taking it before the holiday-use period ends on 31 December.
If you have questions about holiday time or taking days off, you are welcome to contact us on 33 95 97 00 or at dk¤djoef¤djoef