A Right to Leave of Absence to Care for a Family Member in Outpatient Care

The collective agreement ensures improved rules as regards leave of absence to take care of ill family members

D 4. maj 2018

af Kirsten Herskind and Katrine Thornberg
OK18

The right to paid leave of absence has been improved, which means that the right to paid leave of absence not only applies if you child is admitted to hospital, but also if you child gets outpatient care instead of admission to hospital and consequently requires your presence. The right applies to care of children below 14 years and for up to five days per year. The treatment provider must provide information about the treatment and whether or not it replaces hospitalisation.

From the text in the collective agreement:
“An employee has the right to paid leave of absence for up to five days per child within 12 successive months in connection with the employee's admission to hospital together with a child who lives at home and who is less than 14 years old. The same applies if the child during hospitalisation is at home or is in outpatient care which replaces hospitalisation and requires the presence of the employee.”

In addition, the collective agreement makes it clear that you have the right to leave of absence if the local authorities hire you to care for a closely related family member. Such an employment takes place after the local authorities have granted authorisation, and a number of conditions have to be met in order for the outpatient care to be granted. By default, the employment will be limited to six months.

From the text in the collective agreement:
“According to Section 118 in the Danish Consolidation Act on Social Services, an employee, who is hired by the local authorities to care for a closely related family member who is in outpatient care because the patient in question has considerable and permanent reduced physical or mental functional capacity or an extensive chronic disease or a long-term disease or an incurable disease, has the right to leave of absence. During the leave of absence, the employee will not get paid, and the period of time is not included in the salary and pension seniority. 

deltag i debatten