These are the rules for self-certified sick leave

Under the National Insurance Act, employees are generally entitled to use self-certified sick leave for up to three consecutive days of sickness absence. This right can be exercised four times during a 12-month period.

However, employers may choose to extend this entitlement. Employees, through their union representative, can request a discussion with the employer about this possibility, supported by the provisions of the National Insurance Act.

“The possibility of using self-certified sick leave reflects the trust that is central to an employment relationship. It allows employees to have valid absence during short-term illness without spending time and energy visiting a doctor, and instead focus on getting well more quickly,” says Mats Peterson Rinde Warren, legal adviser at Tekna.

He explains that a previous Inclusive Workplace Agreement (IA Agreement) automatically granted all IA companies extended rights to self-certification. Under the current agreement, this right requires a specific arrangement with the employer.

“Through discussions between the employer and the employee representative about the possibility of extended self-certification, employees can argue why such a solution would be beneficial at their workplace – something that is also in the employer’s interest,” Warren says.

Employers exceptionally have the right to revoke an employee’s entitlement to use self-certified sick leave. This is a safeguard for employers under Section 8-27 of the National Insurance Act.

Self-certification applies during the employer period

Employers have considerable freedom to extend the right to use self-certified sick leave

Self-certified sick leave can only be used during what is called the employer period – the first 16 days of sickness absence. During these 16 days, the employer covers your loss of income before NAV takes over responsibility for sickness benefits.

“Employers have considerable freedom to extend employees’ opportunity to use self-certification during this period. This could mean an extension to eight consecutive days, as the previous IA Agreement allowed, or even for a longer period. Employers also have wide discretion to set routines for how this sickness absence should be reported,” says Warren.

He points out that employers cannot allow employees to use self-certification for partial days, for example if you need to leave work during the day. However, employers may grant paid leave in such cases.

The rules related to self-certified sick leave

You are entitled to use self-certified sick leave days in accordance with section 8-24 of the National Insurance Act (in Norwegian). You must have been employed by your employer for at least two months. This also applies if you have had a temporary break in your employment of more than 14 days. Legitimate absences, such as doctor-certified sick leave, time off in lieu, holiday or leave of absence for up to 14 days, do not count as such a break.

In cases of temporary layoff or statutory leave lasting more than 14 days, the qualifying period is four weeks.

As a general rule, you may use up to three consecutive days of self-certified sick leave. However, employers may extend this entitlement through local agreements within the first 16 days of a sickness absence, known as the employer period. If such an agreement is not in place at your workplace, it is recommended that your employee representative raises this possibility with your employer. Many employers, in line with previous IA agreements, allow up to eight self-certified days during the employer period, but it is also possible to extend this to cover the full 16-day period.

Individual self-certified sick leave days are counted together if they occur consecutively. If you are ill both before and after scheduled days off – for example, weekends for many employees – the days off will also be included. A more detailed explanation can be found in NAV’s guidelines for this provision (in Norwegian).

If your self-certified sick leave period is interrupted because you return to work, any new sickness absence within 16 days from the first self-certified day will be counted together. For absence beyond three self-certified days, or more if agreed locally, your employer may require a doctor’s certificate for you to retain your right to sickness benefits.

You must have returned to work for at least one day after a doctor-certified sick leave

"If you have used up your self-certified sick leave days within the employer period, you must work for 16 days before you earn the right to a new employer period", says Warren.

If you have been on doctor-certified sick leave, you may only resume using self-certified sick leave once you have been back at work for at least one day, provided that the employer period is not already used up. There is no separate waiting period in this situation.

In certain cases, employers have the right to limit your ability to use self-certified sick leave, but this is regulated by clear rules in section 8-27 of the National Insurance Act, and you must be given the opportunity to express your views before any decision is made.

Employee representatives in a key role

Through discussions between the employer and the employee representative, employees can argue why an arrangement with extended rights to self-certified sick leave is beneficial for both employer and employee.

“We believe a trust-based working life is best for both employers and employees. That’s why we encourage employee representatives to knock on the employer’s door and clarify whether extended rights to self-certification can and should be implemented at your workplace,” says Warren.

Read more about sickness and sick leave:

• Rules and guidance for sickness absence
• What you are entitled to when you or your children are ill
• Sick pay during unpaid parental leave

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