Law Amending The Law On Sickness Benefit (Modification Of Time Limits For The Notification Of Sickness Absence And Request For Sickness Benefits, Etc., In Order To Better Exploit The Digital Reporting Solution (Sdpi-Solution))

Original Language Title: Lov om ændring af lov om sygedagpenge(Ændring af frister for anmeldelse af sygefravær og anmodning om sygedagpenge m.v. for bedre at udnytte den digitale indberetningsløsning (SDPI-løsningen))

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Law amending the law on sickness benefits

(Modification of time limits for the notification of sickness absence and request for sickness benefits, etc., in order to better exploit the digital reporting solution (SDPI-solution))

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

In the law on sickness benefits, see. lovbekendtgørelse nr. 1152 by 12. December 2011, as amended by Act No. 1539 of 21. December 2010 and § 1 of lov nr. 154 of 28. February 2012, shall be amended as follows: 1. In article 11, paragraph 3, shall be inserted after 1. item:

» Notification Happens via the digital reporting solution to use for notification of sickness absence and request reimbursement of sick pay and daily subsistence allowance for maternity leave Act (SDPI-solution), sent the information sheet from SDPI-solution to the people on sick leave immediately after notification. '

2. the heading before section 35 shall be inserted after ' employer ': ' or unemployment fund '.

3. In section 35 (3) and (4) shall be inserted: ' (3). A qualify available Member of an unemployment fund must review sick leave to the unemployment insurance fund on 1. sygefraværsdag. Sickness absence are reported too late, has first right to sickness benefits from the Member of the notification day. It does not however apply if there is an adequate justification for that Member will not have met the requirement.

(4). Employment Minister lays down rules about the way in which the Member can review sickness absence for the unemployment insurance fund, as well as rules on unemployment of the institution shall be obliged to provide guidance to unemployed members of the obligation to report sick leave and on the procedure in connection with the Member's request for sick pay in accordance with section 38 of the Act. '

4. The heading before section 38 is replaced by the following:

» Employee request for sick pay from the municipality ' 5. § 38, paragraphs 1 to 5, shall be replaced by the following:

» Employee must request sickness benefit from the municipality no later than 8 days following the dispatch of the notification letter from SDPI solution on the basis of the employer's or the unemployment box review of sickness absence. Has the employee received remuneration during sickness absence, the employee requesting sickness benefits from the municipality no later than 8 days following dispatch of the notification letter from SDPI solution on the basis of the employer's last refund request.

(2). Request for sick pay must be done by filling out the form, which is broadcast together with the notification letter from SDPI-solution.

(3). Is there not sent a notification letter by SDPI solution despite the employee notification of sickness absence for the employer or unemployment, the employee requesting sickness benefits from the municipality no later than 3 weeks after the 1. day of absence, when the employee must receive sick pay from the municipality from 1. day of absence. Has the employee been paid sick pay from the employer in the employer's period or a part of this, the employee requesting sickness benefits from the municipality, no later than 3 weeks after payment from the employer has ceased. The request is done in this case by filling out a form, which shall be supplied by the municipality.

(4). A person who is not in the current employment with an employer, and as not qualify available Member of an unemployment fund, must request sickness benefit at the municipality no later than 1 week after 1. day of absence. Request for sick pay must be on a form provided by the municipality.

(5). The municipality may, in exceptional cases, request that the request happens earlier than provided for in paragraph 1, 3, or 4. '

6. In article 38, paragraph 6, the words ' paragraph 1 or 2 ': ' paragraph 1, 3, 4 or 5 '.

7. In paragraph 38, paragraph 7, 1. paragraph, the words ' notify ' to: ' request ' and ' review ': ' request '.

8. In paragraph 38, paragraph 7, shall be repealed 2. PT.

9. The heading before section 40 is replaced by the following:

» Employer's notification of absence due to the municipality ' 10. section 40 (1), shall be repealed, and replaced by:

» An employer who pays the wages under a employee sickness absence, must report the absence to the employee's residence municipality within 5 weeks after the 1. day of absence, if the absence extends beyond the employer's period, see. Chapter 10.

(2). An employer who pays out sickness benefits in the employer's period during an employee sick leave, sickness absence for the employee must notify the residence municipality, no later than 1 week after payment of sick pay from the employer is terminated, if the absence extends beyond the employer's period, see. Chapter 10.

(3). An employer who does not pay salary and not have an obligation to pay sickness benefits in the employer's period during an employee should notify sickness absence sickness absence, to the employee's residence the municipality no later than 14 days after 1. day of absence. '

Paragraph 2 becomes paragraph 4.

11. In § 40 paragraph 5 is inserted: ' (5). The employee must know a notification letter from SDPI solution shall be informed of the information which the employer has made to the SDPI-solution for the notification of sickness absence. Is the employee does not agree with the information provided by the employer, to the employee no later than 8 days following the dispatch of the notification letter from SDPI solution make the municipality attention. '

12. Under section 40 is added before section IV: ' the unemployment box notification of absence due to the municipality



section 40 (a). The unemployment insurance fund must notify a member of sick leave available to qualify the Member's residence municipality, no later than 1 week after the Member has given the message about sickness absence for the unemployment insurance fund.

(2). Review of sickness absence to the municipality must be made through the SDPI-solution.

(3). Member shall by a notification letter from SDPI solution shall be informed of the information provided by the unemployment insurance fund has delivered for the SDPI-solution by notification of sickness absence. Is member does not agree with the information provided by the unemployment insurance fund, should the Member not later than 8 days following the dispatch of the notification letter from SDPI solution make the municipality attention. '

13. In section 59 (2) and (3) shall be replaced by ' 4 weeks ': ' 5 weeks '.

14. In article 59, paragraph 4, the words ' 4 weeks ': ' 5 weeks ' and ' 21 calendar days ': ' 30 calendar days '.

15. In section 59 is inserted as paragraph 8: ' paragraph 8. The employee must know a notification letter from SDPI solution shall be informed of the information which the employer has given to SDPI-solution by the request for reimbursement. Is the employee does not agree with the information provided by the employer, to the employee no later than 8 days following the dispatch of the notification letter from SDPI solution make the municipality attention. '

§ 2 paragraph 1. The law shall enter into force on the 2. April 2012, see. However, paragraph 2.

(2). § 1, nr. 1, shall enter into force on the 2. July 2012.

§ 3 paragraph 1. § 1, nr. 1, has effect for the broadcasting of information documents in cases where the notification of sickness absence occurs the 2. July 2012 or later.

(2). section 35, paragraph 3, of the law on sickness benefit as amended by this Act, section 1, no. 3, § 1, nr. 10, and section 40 a (1) and (2) of the law on sickness benefit as amended by this Act, section 1, no. 12, has effect for the notification of sick leave in cases where 1. sygefraværsdag is the 2. April 2012 or later.

(3). section 38, paragraph 1, of the law on sickness benefit as amended by this Act, section 1, no. 5, has effect for employees who receive a form for use of request for sick pay from SDPI solution the 2. April 2012 or later.

(4). section 38, paragraph 3, of the law on sickness benefit as amended by this Act, section 1, no. 5, has effect for employees with 1. sygefraværsdag after the 25. March 2012, if there is no sent a notification letter by SDPI-solution.

(5). section 38, paragraph 7, 2. paragraph, of the law on sickness benefits as repealed by this Act § 1, nr. 8, will continue to apply for the sickness benefit, which is not covered by article 38, paragraphs 1 and 3, of the law on sickness benefit as amended by this Act, section 1, no. 5. (6). § 1, nr. 11, paragraph 40 (a), paragraph 3, of the law on sickness benefit as amended by this Act, section 1, no. 12, and § 1, nr. 15, has the effect of notification letters sent from SDPI solution the 2. April 2012 or later.

Given at Amalienborg, the 27. March 2012 Under Our Royal hand and Seal MARGRETHE r./Faam