Denmark does not have one sick leave rule — it has two, and which one applies depends on whether the employee is a funktionær (salaried employee) or not. Salaried employees get full pay during sickness as a statutory right. Everyone else falls back on sickness benefit rules where the employer covers a 30-day period and the municipality takes over after that.

This guide covers Danish sick leave in 2026: the two tracks, the employer period, the municipal handover, the 22-week review point, and the §56 agreement that protects employers of chronically ill staff.

Key takeaways

Salaried employees (funktionærer) are entitled to full pay during sickness under section 5 of the Salaried Employees Act (Funktionærloven).
For everyone else, the employer pays sygedagpenge for the first 30 calendar days (arbejdsgiverperioden), subject to an employment condition.
To trigger employer-paid benefit, the employee must have been employed for 8 weeks and worked at least 74 hours in that period.
After the employer period, the municipality (kommune) pays sygedagpenge at a capped weekly rate.
Sygedagpenge is reviewed at the 22-week point within 9 months, and continues only if an extension ground applies.

Two tracks: funktionær or not

The Salaried Employees Act covers employees who do office work, commercial work, technical or clinical assistance, or who supervise others, and who work more than eight hours a week under an employer’s instruction. That definition captures most white-collar staff in Denmark.

Section 5 of the Act — sometimes called “sickness is lawful absence” — gives those employees full salary during illness, with no waiting day, no percentage reduction, and no statutory day limit. The employer carries the cost and recovers sygedagpenge from the municipality after the employer period.

Employees outside the Act — many hourly-paid and industrial roles — rely on the Sickness Benefits Act (Sygedagpengeloven) and on their collective agreement. In practice most Danish collective agreements bridge the gap by granting full or near-full pay during sickness anyway, so the funktionær distinction matters more for entities without an agreement.

The 30-day employer period

Under the Sickness Benefits Act the employer pays sygedagpenge for the first 30 calendar days of a sick absence. This is the arbejdsgiverperiode.

The employee only qualifies for employer-paid benefit if they have been employed with that employer for at least 8 weeks before the first sick day and have worked at least 74 hours during those 8 weeks. Employees who fail the test may still qualify for municipal sygedagpenge directly, based on other employment or unemployment insurance conditions.

For salaried employees paid full salary under section 5, the 30-day employer period is still relevant — it determines when the employer can start claiming reimbursement (refusion) from the municipality.

After the employer period: municipal sygedagpenge

From day 31 the municipality pays sygedagpenge. The rate is income-related but capped at a weekly maximum set annually, which for most full-time employees is materially below normal salary. Employers paying full pay under section 5 or a collective agreement claim the sygedagpenge back as reimbursement rather than the employee receiving it directly.

Reimbursement is not automatic. The employer must report the absence through NemRefusion within the statutory deadline. Late reporting reduces or forfeits the reimbursement — a straightforward, entirely avoidable cash loss.

The 22-week review

Sygedagpenge does not run indefinitely. The municipality reviews entitlement at the point where the employee has received benefit for more than 22 weeks in the previous 9 months (the revurderingstidspunkt).

At that review, benefit stops unless one of the statutory extension grounds applies — for example, an ongoing clarification of work capacity, expected recovery within a defined period, serious illness under treatment, or a pending occupational injury case. Where no extension applies, the employee typically moves to a jobafklaringsforløb (job clarification programme) on a lower resource benefit.

Employers with a long-term absent employee should know this date in advance, because it usually coincides with decisions about phased return or termination.

Documentation: mulighedserklæring and friattest

Denmark deliberately moved away from the plain “you are unfit for work” note. Two documents matter:

Mulighedserklæring — a possibilities certificate, completed jointly by employer, employee, and doctor. It describes what the employee can do, so duties can be adjusted. This is the tool the system prefers.
Friattest — a straightforward medical statement confirming illness, requested by the employer where documentation of the absence itself is needed.

The employer pays for either document. Employers can also require a written declaration of illness (tro- og loveerklæring) from the employee at short notice, typically on the second day of absence.

Danish employers may also require an absent employee to attend a sickness interview (sygefraværssamtale) within 4 weeks of the first sick day, discussing when and how the employee can return.

Employer obligations

Danish employers have six core duties:

Pay full salary to salaried employees during sickness under section 5 of the Salaried Employees Act.
Pay sygedagpenge for the first 30 calendar days to non-salaried staff who meet the 8-week / 74-hour condition.
Report the absence via NemRefusion on time to secure reimbursement from the municipality.
Hold the sickness interview within 4 weeks of the first sick day.
Use the mulighedserklæring to plan adjusted duties rather than treating the absence as binary.
Track the 22-week review point so the transition off sygedagpenge is not a surprise.

Common pitfalls

1. Assuming all employees get full pay

Section 5 applies to funktionærer. Applying it automatically to hourly staff without checking the collective agreement overpays; assuming it never applies underpays. The employment contract and the agreement together determine the answer.

2. Missing the NemRefusion deadline

This is the most expensive routine mistake in Danish absence administration. The reimbursement is real money and the deadline is short.

3. Demanding a doctor’s note that says nothing useful

A friattest confirms illness but says nothing about capacity. Where the goal is a phased return, the mulighedserklæring is the correct document and the one the municipality expects to see.

4. Skipping the four-week sickness interview

The interview is a statutory step, not an optional welfare check, and its absence is noticed in municipal follow-up.

5. Being caught out by the 22-week point

Employers who only learn about the revurderingstidspunkt when the benefit stops lose the chance to plan a phased return, apply for an extension ground, or handle the employment question properly.

For broader context, see our guide to annual leave entitlement in Denmark, the comparison of sick leave across Europe, and the overview of the main types of leave employers manage.

Frequently asked questions

Do Danish employees get full pay when sick?

Salaried employees (funktionærer) do, under section 5 of the Salaried Employees Act. Other employees receive sygedagpenge from the employer for the first 30 days unless a collective agreement grants full pay.

How long is the employer period in Denmark?

30 calendar days from the first day of absence. After that the municipality pays sygedagpenge, and the employer can claim reimbursement for salary it continues to pay.

What is the 8-week / 74-hour rule?

To qualify for employer-paid sygedagpenge, the employee must have been employed for at least 8 weeks before the first sick day and worked at least 74 hours in that period.

What is a §56 agreement?

An agreement between employer, employee, and municipality covering an employee with a chronic or long-term condition causing frequent absence. It lets the employer claim reimbursement from day one of each absence instead of carrying the 30-day employer period.

How long can an employee receive sygedagpenge?

Entitlement is reviewed once benefit has been paid for more than 22 weeks in the previous 9 months. It continues past that only if a statutory extension ground applies.

Can an employer require a medical certificate?

Yes. The employer can request a friattest confirming illness or a mulighedserklæring describing what the employee can still do, and pays for either.

Putting it into practice

Five checks cover most Danish sick leave risk:

Classify each employee as funktionær or not, and confirm what their contract and collective agreement say about sick pay.
Automate NemRefusion reporting so reimbursement never depends on someone remembering a deadline.
Diarise the four-week sickness interview from the first sick day.
Use the mulighedserklæring when planning a return, not a bare friattest.
Track cumulative sygedagpenge weeks so the 22-week review is anticipated, and set up §56 agreements where chronic conditions justify them.

You can take advantage of the free 14 days trial and explore Leave Balance.

A leave management system that separates salaried from hourly sick pay rules, counts benefit weeks across a rolling nine months, and triggers the reporting and interview deadlines keeps the Danish two-payer model from turning into a monthly reconciliation exercise.

Sources

Last updated: 26 July 2026. This article is general guidance, not legal advice. The sygedagpenge weekly maximum is adjusted annually — confirm current rates with the relevant municipality and check the applicable collective agreement.

Sick Leave in Denmark: Sick Pay & Sygedagpenge Guide (2026)