This situation is uncertain. The answer depends on the specific circumstances.
- Generally speaking, it is the assessment of the Danish Construction Association, that the risk of being infected in a range of countries in Europe, is comparable to the risk in Denmark. If the risk is comparable and the employee is placed in quarantine in the home country due to presumed infection or presumed increased risk of infection, the employee will be considered sick and the employee will be entitled to normal sick pay in accordance with the applicable rules. The employer will in this situation be entitled to reimbursement from the 1st day for sickness due to Corona virus (read more about the reimbursement scheme below).
Factors to consider when assessing the specifik circumstances:
- The risk level at the destination is comparable to the risk in Denmark at the time of departure.
- At the time of departure, the employee has no reason to believe, that there will be a significantly higher risk (compared to staying in Denmark) of being placed in quarantine at the destination.
Acceptance of own risk
If the employee knows or should have known that he/she travels to a place where the risk of being placed in quarantine is significantly higher than in Denmark, and then is placed in quarantine, it could – depending on the specific circumstances – be considered acceptance of own risk, and the employee will not be entitled to either normal wages or sick pay.
The assessment of whether the situation falls in the first category or the second category described above must be made based on the information and recommendations of both the Danish Health Authorities and Ministry of Foreign Affairs, as well as the local health authorities in the specific area/country at the specific time of travel/being quarantined. Call us for feedback and advise on your specific situation: +45 7216 0000.
It is possible to have a COVID-19-test in an increasing number of countries, and it it shus possible to determine if a person placed in quarantine is infected with COVID-19 or not infected:
- If a test shows that the employee is not infected, the company will not have to pay sick pay for the period after the test result. For the period before the test result where the employee has been placed in quarantine due to presumed infection, the company will have to pay sick pay unless it is a case of acceptance of own risk (as described above). The company will be able to apply for reimbursement of sick pay from the 1st day of sickness and until the date of the test result (however, please note our reservation below)
- If the test result shows that the employee is infected, the company will in most cases pay sick pay unless it is a case of acceptance of own risk (as described above). The company will be able to apply for reimbursement of sick pay from the 1st day of sickness (however, please note our reservation below)
Concerning the entitlement to reimbursement of sick pay from the 1st day of sickness, the Danish Construction Association must make the reservation, that the Danish authorities may overrule the above described assessment when the validation/auditing of paid-out reimbursements will be carried through at a later point in time.