Count sick days within 12 months under section 5(2) of the Danish Salaried Employees Act (funktionærloven), including part-time sick leave, and check whether notice was given in time.
Danish rules
This calculator applies Danish law and Danish collective agreements. It is for employment in Denmark and does not reflect the rules of other countries.
Only enter if notice of dismissal has already been given
The 120-day rule (120 dages reglen) lets an employer in Denmark dismiss a salaried employee (funktionær) with 1 month's notice to expire at the end of a month, once the employee has received pay during sickness for a total of 120 days within 12 consecutive months. The rule is set out in section 5(2) of the Danish Salaried Employees Act (funktionærloven § 5, stk. 2), in Danish, and only applies if it has been agreed in writing in the individual employment contract.
The 120-day calculator above counts the sick days for you under the Danish rules: weekends and public holidays during full-time sick leave, the actual hours during part-time sick leave, and only what falls within the last 12 months. If you enter a date of notice, it also checks whether the notice was given in time. The calculator is free and needs no login.
All conditions must be met. If one is missing, the shortened notice cannot be used, and the employee is entitled to their ordinary notice period.
| Condition | What it means |
|---|---|
| Written agreement | The rule must be in the individual salaried employee’s employment contract. Without a written agreement, the notice period under section 2 applies, however much the employee has been off sick. |
| 120 days of pay during sickness | These are sick days with pay — not working days. How weekends and part-time sick leave count is explained in the next section. |
| Within 12 consecutive months | The 120 days must fall within 12 months in a row. Sick days further back do not count. |
| Notice given in immediate connection | At the earliest after the end of working hours on sick day 120. With continuous sickness, as a rule no later than sick day 129.5; if the employee has been fit for work in the meantime, less than 10 calendar days after. |
| The employee is still sick | Notice must be given during the sickness. If the employee returns to work after the notice, that does not affect its validity. |
| Notice | 1 month to expire at the end of a month — regardless of length of service. |
Source: the Danish Salaried Employees Act (funktionærloven) § 5, stk. 2. Collective agreements (overenskomster) and individual agreements may give the employee better terms.
The count depends on whether the employee is on full-time or part-time sick leave. Danish case law keeps the two situations apart.
| Situation | Sick days | Result |
|---|---|---|
| Off sick full-time without a break from 1 January to 30 April 2026 | 120 | The rule is met. 30 April is sick day 120. |
| Off sick full-time Friday to Monday, entered as one period | 4 | The weekend counts. |
| Off sick full-time Monday–Friday for two weeks, entered as two periods | 10 | Too low: the weekend in between is missing. As one period it gives 12. |
| Part-time 4 of 8 hours, Monday–Friday for 4 weeks | 10 | Only the actual hours count. The weekends count as 0. |
| 90 days full-time, then 8 weeks at half time | 110 | Not met yet. |
The figures were worked out with the calculator above. Try your own dates — or count calendar days with the date calculator.
Notice must be given »in immediate connection with the expiry of the 120 sick days, and while the employee is still sick« (i umiddelbar tilknytning til udløbet af de 120 sygedage, og medens funktionæren endnu er syg). The Supreme Court of Denmark has clarified both ends of the window.
| Notice given | Assessment |
|---|---|
| Before the end of working hours on sick day 120 | Too early — the 120 days have not been reached. |
| After the end of working hours on sick day 120 | In time (Supreme Court 2025). |
| From sick day 121 to 129 with continuous sickness | In time — the employee has been sick without a break since sick day 120. |
| Fit for work and sick again, 10 calendar days or more after the 120 sick days | Too late (Supreme Court 2023). The shortened notice now requires 120 new sick days within 12 months. |
| The employee has been declared fit for work on the day notice is given | Invalid — the employee must still be sick. |
| The employee has been fit and is sick again before the deadline has expired | The sickness requirement is met, but the deadline still runs from sick day 120. |
Sources: the Salaried Employees Act (funktionærloven) § 5, stk. 2, second sentence, and the Danish Supreme Court judgments of 19 December 2023 and 25 November 2025. The calculator does not know the time of day: notice given on sick day 120 itself is accepted on the condition that it was given after working hours.
Keep track of the date of sick day 120. Notice can be given after working hours that day and, with continuous sickness, must as a rule be given no later than sick day 129.5 — if the employee has been fit for work in the meantime, before 10 calendar days have passed.
Make sure the employee is still sick on the day notice is given.
Check that the 120-day rule is in the employee's own employment contract. § 5, stk. 2 requires a written agreement — without it, the ordinary notice period applies.
Check your contract. If it says nothing about the 120-day rule, the normal notice period under section 2 of the Salaried Employees Act (funktionærloven § 2) applies, whatever your sickness absence.
Go through your employer's count. If you were on part-time sick leave, weekends and days off must not be counted.
Object if the notice came after sick day 129.5, 10 calendar days or more after sick day 120 following a return to work in between, or while you were fit for work. Contact your shop steward (tillidsrepræsentant) or trade union.
Collective agreements (overenskomster) and individual agreements may give the employee better terms than the Act. Always check your own agreements before relying on a calculation. The conditions, the contract clause and the deadline for notice are covered in the blog post 120 dages reglen for arbejdsgivere: tæl før du opsiger (in Danish).
Content last reviewed October 2026.