The 120-day rule must be agreed in writing between the parties,

The salaried employee must have received salary during illness for a total of 120 days,

The termination must take place immediately after the 120 days of sick leave have expired, and

The termination must be made while the employee is still sick.

that the Supreme Court upholds the judgment of the High Court, but with a different reasoning. The Eastern High Court convicted the employer on the grounds that the condition "in immediate connection" was not met because the employer failed to terminate the employee on the 121st and 122nd day of illness. Instead, the Supreme Court chooses to give decisive weight to the total period from the expiry of the 120 sick days to the date of termination.

that a termination with shortened notice pursuant to section 5(2) of the Danish Salaried Employees Act must take place earlier than 10 calendar days after the expiry of the 120th day of illness.

Employers need to be careful with the counting of sick leave and generally not wait too long before terminating an employee after 120 days of sick leave. This is because an employee's short-term return to work after the 120th day of sickness can result in the opportunity to use the 120-day rule being lost.

that the Supreme Court does not consider the circumstances under which the starting point that a termination must normally take place within 10 days after the expiry of 120 days of sick leave can be deviated from. With the wording "in general", the Supreme Court has indicated that there may be specific circumstances that justify a deviation from the starting point.

New ruling on the 120-day rule

Employees were not entitled to payment of the value of unvested options granted

Morning meeting: New rules on time tracking

New rules on proof of employment on the way

Employees were not entitled to payment of the value of unvested options granted

Morning meeting: New rules on time tracking

New rules on proof of employment on the way

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