Managing employee leave and vacation entitlements in territories like Svalbard and Jan Mayen requires a clear understanding of the applicable regulations. While often closely aligned with mainland Norwegian law, specific considerations may apply. Ensuring compliance with these rules is crucial for employers operating in these unique locations, covering everything from standard annual leave to specific provisions for sick time and parental responsibilities.
Navigating the various types of leave can be complex, involving different eligibility criteria, durations, and compensation rules. Employers must accurately track entitlements and ensure employees receive their statutory rights regarding time off, contributing to fair labor practices and employee well-being.
Annual Vacation Leave
Employees in Svalbard and Jan Mayen are generally 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, totaling 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 earned during the qualifying year. For employees over 60, the rate is 12.5%. Vacation must be taken, and employers are generally required to ensure employees take their full entitlement. The timing of vacation should be agreed upon between the employer and employee, though the employer has the final say if agreement cannot be reached, provided sufficient notice is given.
| Employee Category | Minimum Annual Leave Entitlement | Vacation Pay Rate |
|---|---|---|
| Under 60 | 25 working days | 10.2% |
| Over 60 | 31 working days | 12.5% |
Public Holidays and Observances
Public holidays in Svalbard and Jan Mayen largely follow the Norwegian calendar. Employees are generally entitled to time off on public holidays. If a public holiday falls on a weekday, it is typically a paid day off. Work performed on public holidays usually attracts special rates of pay, often significantly higher than the standard rate. The specific dates for 2025 public holidays are as follows:
| 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 (St. Stephen's Day) |
Note that some businesses may observe additional local holidays or half-days, but these are the statutory public holidays.
Sick Leave Policies and Pay
Employees in Svalbard and Jan Mayen are entitled to sick leave when they are unable to work due to illness or injury. The right to sick pay is established after a qualifying period of employment. For the first 16 calendar days of sick leave, the employer is responsible for paying sick pay. This period is known as the employer period.
After the employer period, the responsibility for sick pay transfers to the Norwegian National Insurance Scheme (NAV). The amount of sick pay is generally equivalent to the employee's regular income, up to a certain ceiling. Employees are typically required to provide a self-declaration for short periods of absence (up to three consecutive days, up to four times per year) and a doctor's certificate (sykmelding) for longer periods or from the first day if required by the employer or the nature of the illness.
| Sick Leave Duration | Payer | Documentation Required |
|---|---|---|
| First 16 calendar days | Employer | Self-declaration (short periods) or Doctor's certificate |
| Beyond 16 calendar days | Norwegian National Insurance Scheme (NAV) | Doctor's certificate |
Parental Leave
Parental leave provisions in Svalbard and Jan Mayen align with Norwegian regulations, offering comprehensive entitlements for maternity, paternity, and adoption. The total period of paid parental benefit is either 49 weeks at 100% coverage or 59 weeks at 80% coverage. This leave can be shared between the parents, with certain portions reserved specifically for the mother (maternity quota), the father/co-mother (paternity/co-mother quota), and a shared period.
The mother is typically required to take leave for three weeks before the expected due date and the first six weeks after birth are reserved for her. The father/co-mother has a quota of 15 weeks (at 100% coverage) or 19 weeks (at 80% coverage). The remaining period is the shared quota, which parents can distribute between themselves as they choose. Specific rules apply to single parents and in cases of adoption. Parental benefits are paid by NAV, provided the qualifying conditions regarding employment and income are met.
| Type of Leave | Duration (100% coverage) | Duration (80% coverage) | Payer |
|---|---|---|---|
| Total Parental Benefit | 49 weeks | 59 weeks | Norwegian National Insurance Scheme (NAV) |
| Mother's Quota | 15 weeks (3 before, 12 after) | 15 weeks (3 before, 12 after) | NAV |
| Father/Co-mother Quota | 15 weeks | 19 weeks | NAV |
| Shared Period | 16 weeks | 25 weeks | NAV |
Other Types of Leave
Beyond the primary categories, employees may be entitled to other forms of leave under specific circumstances, often mirroring provisions in the Norwegian Working Environment Act. These can include leave for:
- Care for Sick Child: Employees have the right to leave to care for a sick child, typically up to 10 days per year per parent (more for multiple children or chronic illness).
- Bereavement Leave: While not explicitly mandated by statute for a specific duration, it is common practice and often covered by collective agreements or company policy to provide paid leave in the event of a close family member's death.
- Study Leave: Employees may be entitled to unpaid leave for education or training, provided they meet certain criteria regarding length of service and the relevance of the study.
- Leave for Public Duties: Employees may have the right to leave to perform public duties, such as jury duty or serving on a municipal council.
The specifics of these leave types, including eligibility and whether the leave is paid or unpaid, can vary and may be influenced by employment contracts, collective agreements, or internal company policies, in addition to statutory requirements.
