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Time off in lieu

Find out whether your employer may instruct you to take time off in lieu.

Can my employer instruct me to take off time in lieu?

As regards those employed within ​​the state, the Danish Employee and Competence Agency writes as follows about taking time off in lieu:

“Can I be required to take time off in lieu?

The Employee and Competency Agency recommends that your employer does not instruct you to take time off in lieu during a period when you are sent home with pay. Notwithstanding this, ff your employer considers that there are particularly important considerations that call for you to take off time in lieu, you must have been notified of this in accordance with the terms of your employment relationship. "

DM entirely agree with this interpretation of the rules. The starting point is that you are available to your employer and, therefore, receive full pay rather than take time off in lieu. However, if your employer does not have work for you while you are sent home, and you thus do not have to be available, then your saved-up time in lieu may be put into play. Notwithstanding the above, DM takes the approach that if you have a clear agreement with your employer that your taking off time in lieu should be taken e.g. in extension of your summer holiday and you have booked a long holiday on this basis, then this is a compelling reason for the employer NOT to be able to instruct you to take time off in  lieu.

However, please be aware that if the period for which you are sent home is extended, the guidelines for imposed time off in lieu may change.

Since the local and regional authorities have not clearly stated their position on this point, we handle the issue in the same way as when it occurs within the employment of the state.

If you are not able to work or be available because you have to look after your children, you may be forced to enter into an agreement with your employer for taking time off in lieu and/or taking holiday. We recommend that you consult with your employer to find the best solution.

Can my private employer instruct me to take time off in lieu?

That depends on your employer's ability to - under normal circumstances - impose on you that you should take time off in lieu. To a large extent, employers have the option to ask employees to take time off in lieu if employees have significant amounts of time to be taken in lieu.

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