The child´s first day of illness

The child’s first day of illness is regulated in many employment contracts, but on what basis does this practice rest? Do employees have a statutory right to stay home with pay on the child’s first day of illness?

Depending on the nature of the illness, the right to the actual absence rests on either the employee’s right to absence from work for special family reasons (acute illness, where the parent’s absence is necessary), the specific employment contract or a collective agreement.

Am I entitled to pay on the child’s first day of illness?

The right to pay on your child’s first day of illness rests on the specific employment contract or an accrued agreement.

Thus, there is no legislative requirement that employees must be paid if they are absent on the child’s first day of illness. Likewise, there is no legislative right for parents to absence in the case of a child’s “ordinary” disease.

However, the right to paid leave on the child’s first day of illness is included in most salaried employees’ employment contracts. Most collective agreements give the employee one or two days of paid leave.

In the legislation a child is defined as an individual under 18 years of age. As such, this is the age limit used in cases covered by the law mentioned above. In collective agreements and employment contracts, the age limit fluctuates. However, it is pretty standard with an age limit of 14 years.

In some cases, the age limit is “fluid” and must be seen in connection with the nature of the illness. Is it justifiable to leave the child alone if no other care could be arranged?

Do you need legal advice?

At Advokatgruppen, we have skilled lawyers who are ready to advise you. We have three offices in Jutland, but we advise companies and individuals throughout Denmark. We believe that law should be straightforward, and we have practiced this since we started in 1987. Contact us today for a no-obligation and free call. We are also happy to give you a short free advice if that’s all you need.