Higher-risk Employees Entitled To Sickness Benefit Under New Danish Rules

• Published date: 04 June 2020
• Author: Ms Yvonne Frederiksen (Norrbom Vinding)
• Subject Matter: Employment and HR, Coronavirus (COVID-19), Health & Safety, Employment and Workforce Wellbeing
• Law Firm: lus Laboris

The Danish Parliament recently adopted a bill to amend the Sickness Benefits Act allowing employees who are at higher risk in the event of infection with Covid-19 and employees with a relative in the higher risk group to receive sickness benefits. The bill allows also employers paying salary during their absence to be reimbursed from the first day of absence.

The Danish Parliament recently enacted the bill to amend the Sickness Benefits Act. The scheme covers absence in the period from 20 May 2020, which was the effective date of the bill, until 31 August 2020. The new rules will automatically be repealed on 1 January 2021.

The main elements of the measure introduced under the bill are as follows:

• The scheme will cover employees who suffer from one of the conditions and/or diseases that the Health Authority assesses will lead to a higher risk of a serious course of the disease if infected with Covid-19.
• The scheme will also cover employees with a relative at higher risk of a serious course of the disease if infected with Covid-19 It is a requirement that the employee shares a household with and has a family-related connection to the individual at higher risk Cohabitants will meet this requirement regardless of how long they have lived together.
• The employee must be able to document to the local authorities that subject to a concrete, individual medical assessment based on the Health Authority's current recommendations for individuals at higher risk they or their relative are in fact at higher risk of a serious course of the disease if infected with Covid-19. In practice, the employee's documentation for this will be a medical certificate.
• In addition, the employee is required to obtain a statement from the employer confirming that it is not possible to take special precautions at the employee's workplace or change his or her work tasks, so that the work can be performed in accordance with the Health Authority's recommendations for individuals at higher risk (or for employees who have a relative at higher risk) if infected with Covid19, including confirmation that work from home is not possible. It is a requirement that the employer and employee agree that 'it is not possible to take the necessary measures at the workplace.'
• The employer is further required to draw up a declaration confirming that the employee is completely relieved of their duty to work.
• The employee must meet the...