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.
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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