For many, summer is the highlight of the year – but sometimes time off doesn’t go as planned. Whether due to illness, family reasons, or work-related needs, the question may arise: can an employee interrupt their vacation? Even though the main holiday period may now be over, it’s important to understand the rules – both to handle situations that have already occurred and to be prepared for future leave.
Right to vacation – but no unconditional right to interrupt it
Under the Swedish Annual Leave Act (1977:480), employees are entitled to annual leave, and the employer is responsible for granting it in consultation with the employee. However, the law does not give employees an explicit right to unilaterally interrupt already approved vacation.
This means that if an employee wishes to return to work earlier than planned, the general rule is that the employer must agree to it.
Situations where vacation may be interrupted
There are, however, certain situations where it may be justified to interrupt vacation without the employer’s active consent, for example:
1. Illness during vacation
If an employee falls ill during vacation, they have the right to take sick leave instead and save the vacation days for another time, in accordance with Section 15 of the Annual Leave Act. The employee must notify the employer of the illness and provide a medical certificate if required.
An occupational injury is also a valid reason to be on sick leave instead of vacation.
2. Parental leave or other statutory leave
If an employee has planned vacation but also wishes to take, for example, parental leave, there may be a right to adjust or interrupt the vacation. This should, however, be discussed with the employer, as it may affect staffing.
Many collective agreements contain rules on when an employee must notify their intention to take parental leave during the summer months.
Vacation can also be interrupted due to the care of a sick child. The employer cannot require a doctor’s certificate for this type of absence but may request proof that compensation has been paid by the Swedish Social Insurance Agency (Försäkringskassan).
3. Force majeure or emergencies
In exceptional cases, such as serious incidents at home, accidents, or family crises, there may be grounds to request an interruption of vacation. However, in practice, this still requires the employer’s approval.
Employer’s right to interrupt vacation
In certain situations, the employer may need to interrupt an employee’s vacation – for example, due to urgent, business-critical needs. This requires very strong reasons, and the employer may then be obliged to compensate the employee for any extra costs (such as unused travel arrangements).
Document and communicate
Regardless of the situation, it’s always best to document any request to interrupt vacation and maintain open communication between employer and employee. An employer is not obliged to approve an interruption unless it concerns statutory sick leave.
Sustainable workforce
Annual leave is important for recovery and long-term employee well-being, and it is the employer’s responsibility to ensure employees take vacation. If vacation is interrupted, the employer should plan for the unused days to be taken before the end of the leave year. Keeping track of vacation balances on an ongoing basis helps ensure that everyone gets the rest and recovery they need.
If you are a client of Azets, we can provide you with such information. Contact your payroll team, and they will assist you. We can also help you update your employee handbook with a process outlining how an employee should report, for example, illness during ongoing vacation.
