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The Norwegian Workers' Traffic Association's lawyers often receive questions about sick leave.
– Many people are unsure about what rights they have when they get sick, and what their employer is allowed to do, says YTF -attorney Siri K. Dannevig.
Here you will find answers to the most common questions about sick leave.
What is the difference between self-reporting and sick leave?
Self-reporting means that you notify your employer that you are sick, without a doctor's certificate.
A sick leave certificate is a certificate from a doctor confirming that you are unable to work.
How many times can I use self-reporting?
You can use self-reporting for up to three days at a time. After this, your employer can require sick leave.
You can use self-reporting four times in 12 months.
Remember that you must have been employed for at least two months to be entitled to use self-certification.
Do the self-registration days have to be taken consecutively?
No. If you have used self-reporting for one day and become ill again within 16 days, this is considered the same period as the first self-reporting.
How long can I be on sick leave?
You can receive sickness benefits for up to one year.
What happens if I am on sick leave for more than one year?
If you are still sick after receiving sickness benefit for one year, you can apply for employment verification benefit (AAP).
Remember to apply well in advance before your sickness benefit rights expire. NAV is obliged to guide you through the process.
In some cases, disability pension may be applicable.
Can my employer refuse to let me take sick leave?
The employer can dispute the sick leave if they believe it is not genuine.
Before this, they must call you in for an interview. You have the right to be heard before your boss disputes your sick leave.
If the employer still wants to dispute the sick leave after the interview, they must send a written justification to NAV.
What do I do if my employer disputes my sick leave?
If your boss disputes your sick leave, you can ask NAV to pay the sick pay directly to you. NAV will then decide whether you are entitled to sick pay or not.
Do I have to participate in the conversation with the employer?
Yes, you are obliged to participate in the dialogue meetings.
You are the main character in this meeting, and it is arranged to find solutions for those of you who are on sick leave.
If you are too ill to participate, this should be taken into account.
The employer may be exempted from arranging the first dialogue meeting if it is clearly unnecessary, for example if you will soon be returning to work.
Do I have other duties while on sick leave?
Yes. You are obliged to accept offers of assessment, treatment and support when you are on sick leave.
You must also help create and implement a follow-up plan together with your employer.
Your boss does not have the right to know your diagnosis or private information, but you must inform them about your ability to work.
Do I have other duties while on sick leave?
Yes. You are obliged to accept offers of assessment, treatment and support when you are on sick leave.
You must also help create and implement a follow-up plan together with your employer.
Your boss does not have the right to know your diagnosis or private information, but you must inform them about your ability to work.
Can I include a shop steward in discussions with the employer?
Yes, you have the right to have a shop steward present in dialogue meetings.
It is a good idea to give advance notice that a union representative will be present. It is not common to have a lawyer present at such meetings.
What does my employer have to do to get me back to work?
The employer must, as far as possible, make arrangements for you to return.
This may involve changed work tasks, shorter working hours or the use of assistive devices.
Can I be on sick leave due to a conflict at work?
No, a labor dispute alone does not give you the right to sick leave.
If the conflict leads to illness, it is the doctor who decides whether you should be on sick leave.
Can I lose my job while I am on sick leave?
You are protected against dismissal due to illness for one year.
After this, illness may be grounds for dismissal, but the employer must first consider whether it is possible to accommodate your work.
Can I get back vacation days if I get sick during vacation?
Yes, if you are 100% sick, you can get your vacation days back.
You must have a doctor's certificate and notify your employer as soon as possible.
Can I travel abroad while I am on sick leave?
No, you are not entitled to sickness benefits abroad without approval from NAV.
You can apply for permission in advance or take a vacation instead.
How many days can I stay home with a sick child?
You can stay home for up to 10 days per year if you have one or two children.
If you have three or more children, you are entitled to 15 days.
If you are the sole caregiver, the number of days doubles to 20 or 30 days, respectively.
The right applies until the calendar year in which the child turns 12.
Do you have more questions about sick leave?
Contact your union representative or YTF for advice and guidance.
