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Illness during...

Illness during holiday leave - outside the EEA

On this page, you will find information about employees' entitlement to pay when they fall ill during a holiday in countries outside the EEA.

Norsk: Syk i ferien - utenfor EØS


Topic page illness and sick leave


Entitlement to sickness benefits

As an employee at NTNU, you are entitled to sickness benefits if you become ill or injured during a holiday in countries outside the EEA. Please note the documentation requirements that you must be able to provide to your employer.

Documentation requirements

Your sick leave must be adequately documented; otherwise, your entitlement may be forfeited.

1. It is required that you can present at least a medical certificate that is:

  • clear
  • written in Norwegian or English
  • contains sufficient information to document the illness/injury
  • from a hospital, clinic, medical center, or similar, that is registered and verifiable
  • clear about whether you are fully or partially fit for work

2. It is also required that you contact your regular doctor as soon as possible when the illness occurs. Toy should also visit your regular doctor upon return.

Your supervisor should inform you of the consequences if the sick leave is not adequately documented before the entitlement to pay during sickness is forfeited.

3. Submit a self-declaration form for a foreign medical certificate to NAV.

For HR employees

Background for the entitlement

According to the National Insurance Act § 8-9, first paragraph, it is a requirement that the individual must be residing in Norway to be entitled to sickness benefits.

However, the EEA Agreement grants the right to sickness benefits for illnesses that occur in an EEA country. This means that individuals who are citizens of an EEA country, who are members of the National Insurance Scheme, and who are on holiday in one of the member countries when the illness occurs, are entitled to sickness benefits if other conditions are met.

According to the National Insurance Act and the EEA Agreement, there is no entitlement to sickness benefits if the employee is in a country outside the EEA area.

However, NTNU, as a state employer, is required to pay wages during sickness, in accordance with the Main collective Agreement's general provisions § 18, cf. § 11. According to the wording of the provision, there is no requirement that the employee must be in Norway or within the EEA area for the right to pay during sickness to apply. Therefore, NTNU as an employer is obligated to pay wages during sickness, regardless of whether the employee is entitled to sickness benefits according to the National Insurance Act.

Reimbursement

As mentioned above, state agencies, when paying wages during sickness, must follow the rules stipulated in the Main collective Agreement' in the state. It is therefore not assumed that the employee is entitled to sickness benefits under the National Insurance Act.

In order for NTNU to be eligible for reimbursement after the employer's period, it is a condition that the employee is entitled to sickness benefits under the National Insurance Act. Thus, NAV will base its assessment on the provisions stipulated in the National Insurance Act at any given time. If the employee is in a country outside the EEA area, this may result in NTNU as an employer not being granted reimbursement from NAV after the employer's period ends. The employer also does not have the authority to require the employee to return home earlier than planned, even though this may have consequences for the reimbursement claim.

It is important to note that the employee's entitlement to wages during sickness does not depend on NTNU being granted reimbursement from NAV. Nevertheless, it is recommended that the employer submit a reimbursement claim under any circumstances so that NAV can assess the claim.

Legislation

The Main Collective Agreement (Norwegian)

Contact

Do you have any questions? Contact the Service Center.

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