Guideline regarding concurrent holiday – Samtidighedsferie
SDU can offer new international employees hired after 1 January 2014 concurrent holiday in accordance with the following guideline.
As indicated by the name, concurrent holiday must be taken concurrently with being accrued.
A change in the Danish Holiday Act means that SDU can enter into an agreement on concurrent holiday with employees who are covered by the special tax scheme for researchers.
In addition, the Director of the Danish Agency for Labour Retention and International Recruitment has permitted employers to enter into concurrent holiday agreements with the following groups of foreign employees, even though these individuals are not covered by the special tax scheme for researchers:
- PhD students
- Research assistants
- Post docs/assistant professors, researchers, associate professors, senior researchers, professors and professors with special duties within the job structure for scientific staff at universities
- Heads of institutes
- Assistant professors and associate professors within the job structure associated with the bachelor of engineering and export engineering courses
This is an offer to employees. Individual employees must therefore, at the time of their employment, determine whether they wish to enter into an agreement with SDU regarding concurrent holiday, or whether they wish to be covered by the general holiday rules in the Danish Holiday Act.
In case of doubt, this guideline will be interpreted in accordance with the principles stated in the Danish Holiday Act and the national holiday agreement.
Accrual of concurrent holiday
Employees accrue 2.08 days paid holiday for every month of employment, corresponding to 25 holidays per year. Special holidays in accordance with the state agreement on holiday are not covered by the rules on concurrent holiday.
Planning and booking holidays
It is recommended that the dates of holiday to be taken during the first part of employee´s period of employment be agreed at the time of employment. The guidelines on concurrent holiday in the Holiday Act presuppose that the holiday is taken concurrently with being accrued by employees. Employees are not supposed to save up this holiday in order to receive holiday pay when they leave their job, in lieu of taking the holiday.
The general notification rules in the Danish Holiday Act apply to employees covered by the rules regarding concurrent holiday.
Employees are paid while taking their accrued holiday. The pay corresponds to the employee´s standard pay.
In case the department is closed during holidays concurrent holiday must be taken during the compulsory holiday periods. It is recommended that the employees and department agree that concurrent holiday be taken in advance if employees have not yet accrued the necessary concurrent holiday for the periods mentioned above.
Holiday in advance
Employees can agree with the head of department that concurrent holiday may be taken in advance, for example allow them to take up to 15 consecutive days of holiday even if they have not yet accrued 15 days of paid holiday. In this case SDU will make a payroll deduction corresponding to the number of holidays the employee has taken.
At the end of the year SDU will establish the number of accrued holidays and the number of holidays taken during the year. SDU will then repay the salary concerning any concurrent holiday accrued at that point.
The general rules in the Danish Holiday Act apply in connection with illness during holiday and other holiday hindrances such as maternity leave, etc.
An employee must seek to ensure he/she has taken any accrued concurrent holiday before leaving his/her job.
If the employee has any holiday owing, holiday pay will be paid directly to the employee.
Accrued holiday must be taken no later than three years after the end of the month in which it has been accrued. If not, employees forfeit their right to this holiday. Forfeited/unclaimed holiday pay does not need to be settled with the Labour Market Holiday Fund.
Transfer to standard holiday in accordance with rules in Holiday Act
Employees may be covered by the rules on concurrent holiday for up to five years. The five years are calculated in months – i.e. 60 months. At the end of this period, employees will be covered by the standard holiday rules in the Danish Holiday Act.
SDU will settle any accrued pay for concurrent holiday and pay it directly to employees. Employees may agree with the department that the accrued holiday pay should not be paid out, but instead converted to paid holiday.
Terminating agreement on concurrent holiday
Employees may terminate an agreement on concurrent holiday with SDU with one month´s notice for the end of a calendar month. SDU will then settle any accrued holiday pay and pay it directly to the employee, unless the employee and the department agree that accrued holiday pay should not be paid out but instead converted to paid holiday.
SDU may terminate an agreement on concurrent holiday within three months´ notice for the end of a calendar month.
This guideline will come into force on 1 January 2014. The guideline will be published on SDUnet and SDU.dk.
18 December 2013.