Managing employee leave entitlements in Svalbard requires a clear understanding of local regulations, which are largely based on Norwegian mainland labor law. Employers operating in Svalbard must ensure compliance with these rules to properly manage their workforce and meet legal obligations regarding vacation, public holidays, sick leave, and various forms of parental and other statutory leave. Adhering to these standards is crucial for operational efficiency and employee satisfaction.
Understanding the specific entitlements and procedures for each type of leave is essential for employers. This includes knowing the minimum required vacation days, how public holidays affect working days, the process and payment structure for sick leave, and the complex rules surrounding parental leave. While Jan Mayen has no permanent civilian population, employment in Svalbard falls under regulations that provide comprehensive leave benefits to employees.
Annual Vacation Leave
Employees in Svalbard are entitled to annual vacation leave in accordance with principles similar to Norwegian law. The minimum statutory entitlement is 25 working days per year. Working days include all calendar days except Sundays and public holidays. Employees over the age of 60 are entitled to an additional week of vacation, bringing their total minimum to 31 working days.
Vacation pay is typically calculated based on earnings from the previous year. The standard rate for vacation pay is 10.2% of the employee's gross salary from the preceding year. For employees over 60, the rate is 12.5%. Vacation must generally be taken, and vacation pay must be paid out.
| Employee Category | Minimum Annual Leave Entitlement | Vacation Pay Rate (of previous year's gross salary) |
|---|---|---|
| Standard Employee | 25 working days | 10.2% |
| Employee over 60 | 31 working days | 12.5% |
Employees have the right to take three weeks of their main holiday consecutively during the main holiday period (typically June 1 to September 30), unless otherwise agreed. The employer is responsible for scheduling the vacation, but must discuss the timing with the employee beforehand.
Public Holidays and Observances
Public holidays in Svalbard largely follow the Norwegian calendar. Employees are generally entitled to time off on public holidays, and specific rules apply regarding pay if they are required to work on these days. Some public holidays fall on specific dates, while others are tied to the day of the week (e.g., Easter).
Key Public Holidays in 2025 (subject to confirmation of specific dates for variable holidays):
| Date | Holiday |
|---|---|
| January 1 | New Year's Day |
| April 17 | Maundy Thursday |
| April 18 | Good Friday |
| April 20 | Easter Sunday |
| April 21 | Easter Monday |
| May 1 | Labour Day |
| May 8 | Liberation Day |
| May 17 | Constitution Day |
| May 29 | Ascension Day |
| June 8 | Whit Sunday |
| June 9 | Whit Monday |
| December 25 | Christmas Day |
| December 26 | Boxing Day |
Note that some businesses may also observe other days like Christmas Eve and New Year's Eve, although these are not official public holidays with statutory time off rights unless they fall on a Sunday or another public holiday.
Sick Leave Policies and Pay
Employees in Svalbard are entitled to sick leave if they are unable to work due to illness or injury. The process involves self-certification for short periods and medical certificates for longer absences.
- Self-Certification: Employees can self-certify absence for up to three calendar days at a time, for a maximum of four times within a 12-month period.
- Medical Certificate: For absences exceeding three days, or if the employer requests it, a medical certificate from a doctor is required.
Payment during sick leave follows a specific structure:
- Employer Period: The employer is responsible for paying full sick pay (100% of the employee's salary) for the first 16 calendar days of an absence.
- NAV Period: From the 17th day onwards, the National Insurance Scheme (NAV) takes over the responsibility for paying sick benefits. The benefit rate is generally 100% of the basis for sickness benefit, up to a certain annual income ceiling.
| Period of Absence | Payer | Payment Rate | Requirements |
|---|---|---|---|
| Days 1-16 | Employer | 100% Salary | Self-certification (up to 3 days/4 times) or medical certificate |
| Day 17 onwards | NAV | 100% (up to ceiling) | Medical certificate required |
Employees must notify their employer of their absence due to sickness as soon as possible.
Parental Leave
Parental leave in Svalbard, based on Norwegian law, is a comprehensive system providing time off for parents in connection with childbirth or adoption. The total period of paid leave is generous and can be shared between the parents, with specific quotas allocated to each.
The total period of paid leave depends on the chosen benefit rate:
- 100% Pay: 49 weeks of benefits.
- 80% Pay: 59 weeks of benefits.
This total period includes a mandatory 'maternity quota' for the mother (usually 3 weeks before birth and 6 weeks after), a 'father's/co-mother's quota', and a 'shared period' that parents can distribute between themselves. The length of the quotas and the shared period varies slightly depending on the chosen benefit rate.
| Benefit Rate | Total Weeks | Mother's Quota | Father's/Co-mother's Quota | Shared Period |
|---|---|---|---|---|
| 100% | 49 | 15 weeks | 15 weeks | 16 weeks |
| 80% | 59 | 15 weeks | 15 weeks | 26 weeks |
- Maternity Leave: The mother is entitled to leave for up to 12 weeks before the birth and is required to take leave for the first 6 weeks after the birth.
- Paternity/Co-mother's Leave: The father or co-mother has a dedicated quota of leave. They may also be entitled to two weeks of unpaid leave in connection with the birth.
- Adoption Leave: Similar rules apply for adoption, with entitlements for both parents.
Parents must apply for parental benefits from NAV. Employers are responsible for facilitating the leave and providing necessary documentation.
Other Types of Leave
Beyond the main categories, employees in Svalbard may be entitled to other types of leave under specific circumstances, often mirroring provisions in the Norwegian Working Environment Act:
- Care Leave (Care for Sick Child): Employees are entitled to leave to care for a sick child (under 12, or under 16 if the child has a chronic illness or disability) or if the child's caregiver is sick. The number of days per year depends on the number of children and whether the employee is a single parent.
- Bereavement Leave: While not explicitly defined with a fixed duration in statutory law, it is common practice and often covered by collective agreements or company policy to grant a reasonable period of paid leave in the event of the death of a close family member.
- Study Leave: Employees with a certain length of service may be entitled to unpaid leave for education or training, provided the training is relevant to their work or the employer's operations. Specific conditions apply regarding the duration and eligibility.
- Leave for Public Duties: Employees may be entitled to leave to perform necessary public duties, such as serving on a jury or in elected office.
The specifics and potential for pay for these other leave types can vary based on collective agreements, individual employment contracts, and company policies, in addition to minimum statutory requirements.
