Denmark’s sick leave law requires employers to pay full salary during illness for the first 30 days (or longer under collective agreements), after which the municipality pays sygedagpenge (sickness benefit). The system is governed by the Sickness Benefit Act (Sygedagpengeloven) and supplemented by extensive collective agreement provisions.
Key Takeaways
- Employers must pay full salary for at least 30 calendar days under the Sickness Benefit Act
- Many collective agreements extend the employer-paid period to 90–120 days
- The municipality pays sygedagpenge from day 31 (or when the employer period ends)
- A medical certificate is required from day 1 — there is no self-certification period
- Employers must report the sick leave to the municipality within 5 weeks to avoid losing the right to reimbursement
Denmark’s Sick Leave Entitlement
Denmark’s sick leave system is built on a dual track: statutory minimums under the Sickness Benefit Act and more generous terms through collective agreements. The statutory minimum gives the employer the right to pay full salary for 30 calendar days and reclaim that amount from the municipality as sygedagpenge.
Most employees covered by collective agreements have significantly longer employer-paid periods — often 90 to 120 days. The exact length depends on the specific agreement, so employers must check which collective agreement applies to their workforce.
There is no statutory right to a specific number of sick days. The entitlement is based on actual illness, not a fixed annual allowance.
Who Pays for Sick Leave?
| Period | Pay Rate | Who Pays |
|---|---|---|
| Days 1–30 (statutory) | Full salary (reclaimable from municipality) | Employer (reclaimable) |
| Days 31–22 weeks | Sygedagpenge (municipal sickness benefit) | Municipality |
| Weeks 22–104 | Continuing sickness benefit | Municipality (state-funded) |
| Beyond 104 weeks | Case-by-case assessment | Municipality/state |
Under the statutory rule, the employer pays and reclaims from the municipality. Under collective agreements, the employer may pay for a longer period and reclaim only up to the statutory sygedagpenge amount — the remainder is the employer’s cost.
Sick Leave Pay Rates
| Period | Pay Rate | Source |
|---|---|---|
| Employer period (days 1–30+) | Full salary | Sickness Benefit Act / collective agreement |
| Sygedagpenge (days 31–22 weeks) | 90% of maximum daily benefit (approx. DKK 4,505/week in 2026) | Sickness Benefit Act |
| Continuing benefit (weeks 22–104) | Same rate, subject to assessment | Sickness Benefit Act |
| Employer collective agreement | Often 100% salary for 90–120 days | Collective agreement |
The maximum daily sygedagpegne rate in 2025 was approximately DKK 4,505 per week, subject to annual adjustment. This represents 90% of the maximum qualifying income.
Medical Certificate Requirements
Denmark requires a medical certificate from the first day of sick leave. There is no self-certification period under Danish law. The employee must obtain a doctor’s note (lægeerklæring) and provide it to the employer.
In practice, many employers accept a brief phone call or email on day one and require the formal certificate within a few days. However, the statutory obligation exists from day one, and employers may insist on immediate documentation.
For absences exceeding 6 months, NAV or the municipality may request an independent medical assessment.
How to Calculate Sick Pay in Denmark
Example: An employee earning DKK 50,000/month is off sick for 45 calendar days.
- Employer period (30 days): Full salary = DKK 50,000
- Municipality sygedagpenge (days 31–45): 15 days
- Daily sygedagpenge: DKK 4,505 ÷ 7 = DKK 643.57/day
- Municipality payment: DKK 643.57 × 15 = DKK 9,654
The employer reclaims DKK 50,000 from the municipality for the 30-day period, and the municipality pays DKK 9,654 directly to the employee (or through the employer, depending on the arrangement).
The 5-Week Reporting Rule
Employers must report the sick leave to the municipality within 5 weeks of the employee first reporting ill. This report triggers the municipality’s assessment and the employer’s right to reclaim salary costs.
Failure to report within 5 weeks can result in the employer losing the right to reimbursement for part or all of the employer-paid period. This is one of the most commonly missed deadlines in Danish employment administration.
Active Job Requirement
From day 5 of sick leave, the employee has an obligation to cooperate with the municipality’s plan for return to work. This may include:
- Attending meetings with the municipal job centre
- Participating in rehabilitation plans
- Accepting adjusted duties if offered
Non-cooperation can lead to suspension or reduction of the sickness benefit.
Employer Obligations and Penalties
Danish employers must:
- Pay full salary during the employer period (statutory or collective agreement)
- Report the sick leave to the municipality within 5 weeks
- Cooperate with the municipality’s rehabilitation plan
- Maintain documentation for at least 5 years after the employee leaves
- Reclaim sygedagpenge from the municipality on behalf of the employee
Late or missing reporting can result in loss of reimbursement rights. Persistent non-compliance may lead to sanctions from the Danish Working Environment Authority.
Comparison With Other Countries
| Country | Sick Days | Pay | Certificate Required |
|---|---|---|---|
| Denmark | 30 days employer + up to 104 weeks municipality | 100% employer / 90% sygedagpenge | Day 1 |
| UK | 28 weeks SSP | £116.75/week | Day 7 |
| Australia | 10 days personal/carer’s leave | Full rate | 2+ consecutive days |
| US | Varies by state | Varies | Employer policy |
FAQ
What happens after the employer’s 30-day period in Denmark?
The municipality takes over with sygedagpenge (sickness benefit) at 90% of the maximum daily rate. The benefit continues for up to 22 weeks, after which the employee may receive continuing sickness benefit for an additional 82 weeks, subject to ongoing assessment of their capacity to work.
Do collective agreements always extend the employer-paid period?
Not always, but most do. The length of extension varies by agreement. Some extend to 90 days, others to 120 or even 180 days. Employers should check the specific collective agreement that applies to their workforce. Where no collective agreement applies, the statutory 30-day rule governs.
Can the municipality reduce sickness benefit for non-cooperation?
Yes. If the employee fails to cooperate with the municipality’s return-to-work plan, attends meetings without justification, or refuses reasonable offers of adjusted work, the municipality can suspend or reduce the sickness benefit. The employee must be given written notice and an opportunity to explain before any reduction is applied.
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