Law (2008:565) On The Right To Time Off For Illness To Try Other Work

Original Language Title: Lag (2008:565) om rätt till ledighet för att på grund av sjukdom prova annat arbete

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:565

The right to leave



(1) A worker has the right to be free from their

employment to try other work under the conditions

specified in this law.



section 2 as a condition for entitlement to leave in

the employee because of illness



1. has had a reduced ability to work in relation to its

normal work, or to other suitable work

the employer temporarily offered the worker, during a

period of at least 90 days, and



2. has entered into a contract of employment with another employer

during the period from day 91 to 180 of

sick period.



When the program calculates how long the employee has been reduced

working capacity according to the first paragraph, the days of sickness periods

be added together in accordance with Chapter 27. 51 section social insurance code.

Law (2014:950).



section 3 scope the scope corresponds to Leave

employment as an employee, try.



4 § leave and the sick period which is the basis for

right to leave may together not exceed twelve

months.



Agreement between employer and employee



section 5 of an agreement whereby workers ' rights under

This law is being restricted is invalid in that section.



By a collective bargaining agreement, which the workers ' side has concluded

or approved of such a central workers ' organization

referred to in the Act (1976:580) for participation in working life, the

However, the deviations from the law regarding



1. notice of leave (section 7),



2. notification of the time of the employee's return to work

(section 9, second paragraph),



3. the amount of time the employer has the right to postpone the employee's

return to work (paragraph 9), and



4. the time of the employee's return to work notification

After the end of the leave (section 10).



By a collective bargaining agreement, which has been in the manner specified

in the second subparagraph, the closer the application be determined in

question about organisation of leave (section 8) and the protection of

employment benefits (section 12).



section 6 of the employers who are bound by a collective agreement in accordance with paragraph 5 of

the second and third subparagraphs shall apply the agreement even on

workers who do not belong to the Contracting

workers ' organization, if workers are employed in

work covered by the contract and not covered by any other

applicable collective agreement.



Notification and decision on leave



7 § workers who want to exercise their right to leave

shall notify the employer at least two weeks before the

leave early. In its notification to the worker

specify how long the leave is scheduled to run.



§ 8 the employee shall consult with the employer of the leave

and on other issues related to the holiday.



No agreement can get together on how the leave shall be charged,

the employer shall place the leave in accordance with

the employee's wishes.



Return to work



§ 9 a worker may terminate his leave began, and

return to work with the employer.



If the employee wishes to exercise his right under the first subparagraph,

the employee must inform the employer as soon as possible if

it.



If the leave was intended to last a month or more,

the employer to postpone the return of not more than one month after the

the employer receives the notification.



paragraph 10 of The workers who intend to return to work in

the employer after maternity leave ends, shall inform the

the employer about it no later than one month prior to the return to work.



Employment protection



section 11 of a worker shall not be terminated or fired solely

due to the employee requests or takes in claims their

entitlement to leave under this Act. It is yet to be

termination or dismissal void if

the employee requests it.



section 12 of The employees who request or take in claim their right

to leave under this Act is not required to be of

this reason accept



1. any other reduced employment benefits or deteriorating

employment conditions than those which are a necessary consequence of the

leave, or



2. any other relocation than such as can be done in the context

the contract of employment and which are a necessary consequence of the

leave.



Damages



section 13, an employer who violates this law shall pay

damages for the loss incurred and for the violation

that have occurred.



If reasonable compensation can be reduced or completely fall

away.



Trial



section 14 of the Cases on the application of this law are dealt with according to the law

(1974:371) on trial in labour disputes.



Brought an action in respect of the dismissal, the

34, 35 and 37, § § § 38, second subparagraph, second sentence, §§ 39-42

and the second sentence of the first paragraph of section 43 and other law

(1982:80) employment protection shall apply mutatis mutandis. In

ask about other actions implemented 64-66 and 68 of the Act (1976:580)

participation in working life.



Transitional provisions



2008:565



1. this law shall enter into force on 1 October 2008.



2. for the purposes of calculating sickness period according to § 2 shall days from

July 1, 2008 to be considered.



2014:950



1. This law shall enter into force on August 1, 2014.



2. The provision in its new wording, apply for the first time when

a sick period has commenced on August 1, 2014 or later.

In determining whether the days in this sick period shall be added

together with days in an earlier sick period shall also

sickness periods have transpired prior to the entry into force should be taken into account.