The right to days off in case of illness of children

The right to days off in case of illness of children

The Working Environment Act gives you the right to leave in the event of illness of the child you are caring for. You are eligible regardless of whether you work or not full-time or part-time and applies to both permanent and temporary employees.

You are also entitled to leave in the event of illness of the person who takes care of the child on a daily basis.

The right to paid absence due to a child's illness is regulated primarily by the Act on social insurance. Nav answers questions about financial support for a sick child (nav.no).

You are entitled to sick days for your child

Even in the year your child turns 12, you are entitled to leave

• supervise your child when he or she is sick
• to take your child to a doctor or for other check-ups due to illness
• if the person who usually takes care of the child is sick or has sick children themselves

How many sick days are you entitled to for your child?

How many days of leave you are entitled to during a calendar year depends on your cohabitation situation and the number of children you have.

• If you are caring for one or two children? You are then entitled to 10 days of leave in each calendar year.
• If you are caring for three or bigger number kids? You are then entitled to 15 days of leave in each calendar year.
• When there are two guardians, each of you is entitled to this number of days of leave.

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In the case of a chronic or long-term illness, you are entitled to longer leave

If your child has a chronic or long-term illness, you may be entitled to a maximum of 20 days off each calendar year. This also applies if the child is disabled. In such cases, the right to leave is available up to and including the calendar year in which the child turns 18.

• If a child has two parents or guardians, each of them is entitled to 20 days of leave.
• If you take care of a child or children yourself, you are entitled to twice as many days of leave.

Your rights as an employee are enshrined in the Working Environment Act

If there is a basis for leave, you are entitled to leave in accordance with Art. 12-9 of the Working Environment Act.

Some employers want you to apply for the so-called unpaid leave (agreed unpaid leave). Therefore, remember that if you have a sick child, but you apply for leave on different terms than those specified in Art. 12-9 of the Working Environment Act, this may result in the waiver of some employee rights. For example you can

• lose their rights under the Social Insurance Act and, therefore, payments from Nav
• they have no right to return to work before the agreed leave expires

As long as the basis for leave results from Art. 12-9 of the Working Environment Act and/or you receive care allowance from NAV, your employer cannot require you to take leave for other reasons.

You must notify your employer of your absence

You are obliged to inform your employer about your absence from work, regardless of the reason. Therefore, you must report your absence due to your child's illness. The obligation to report applies to both shorter and longer absences.

The employer may require documentation

In the case of longer absences (apart from absences for which you can self-report), the employer may require you to document the necessity of the absence, e.g. with a medical certificate.

An employer cannot refuse a request for statutory leave

Some employers require you to submit a leave application, e.g. online, in an app or in other absence reporting solutions.

However, if the reason for the leave is specified in the Working Environment Act, the employer cannot reject the request. In such cases, the application serves as a message to the employer rather than an actual application.

Talk to your employer.

If you need time off because your child is sick, talk to your employer. The employer is obliged to grant you leave if you need and are entitled to leave in accordance with the Working Environment Act.

If you and your employer cannot agree on leave, you can refer the matter to Dispute Settlement Commission (nemndene.no) .

Leave and care allowance

What if a child is or has been admitted to hospital or is seriously ill or injured? What is the relationship between leave and care allowance?

Answers to this question You can find it HERE.

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Source: Norwegian Labor Inspectorate, Photo: pixabay

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