RB Jurist

Vacation

The Holiday Act governs the rights concerning holidays, holiday pay, and holiday compensation. The rules can be complex, especially during sick leave, parental leave, or when employment is terminated.

As a specialized law firm in employment law, we help employers and employees understand how the rules should be applied, so you can make confident decisions and avoid costly mistakes.

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What is the Vacation Act (1977:480)?

The Parental Leave Act (1977:480) regulates the right to annual leave, annual holiday pay, and holiday compensation. The Act is a central part of Swedish labor law and applies as a basic rule for all employment relationships. It establishes a minimum level for holiday benefits but can be supplemented or deviated from through collective and individual agreements.

The right to holidays according to the Holiday Act

According to the Annual Leave Act, an employee is entitled to 25 days of annual leave per leave year. The entitlement to paid annual leave days depends on accrual during the so-called accrual year, which normally precedes the leave year.

Even if the employee has not earned full paid vacation days, they are still entitled to unpaid vacation days. This is an important minimum standard that strengthens the work environment and makes it easier for the employer to plan operations.

Vacation placement - what applies?

When it comes to vacation planning, it is mainly the employer who decides when vacation will be taken, but the decision must always be preceded by consultation with the employee. This applies to employers and employees:

  • The employee is entitled to at least four weeks of consecutive vacation during June–August (main vacation), unless otherwise agreed. This also applies if the parties do not reach an agreement.
  • Employer's responsibility is to plan vacation well in advance, document how vacation is scheduled, have clear schedules, negotiate vacation, and adapt the planning so that operations continue to function smoothly.

Holiday pay and holiday allowance

The Swedish Annual Leave Act (Semesterlagen) contains rules on the calculation of holiday pay, typically according to the "same wage rule" or the "percentage rule." The law also regulates that the employee is entitled to holiday compensation for accrued holiday days that have not been taken upon termination of employment, including termination by notice. Payment of holiday compensation should normally be made within one month after the end of employment.

Saved vacation days and advance vacation

Employees can save up to five vacation days per year for a maximum of five years according to the law. This provides the opportunity to take out more vacation days when needed and functions as a flexibility mechanism for both employees and employers.

It is also possible to agree on advance leave (leave in advance), but these days may need to be adjusted if the employee leaves the employer before they have been fully earned.

Vacation during parental leave and sick leave

Under Parental leave is part of the absence holiday pay-qualifying, which affects both holiday calculation and holiday pay. This is particularly important to clarify in order to avoid incorrect salary payments and disputes.


Video Sick leave During a semester, the employee can in some cases interrupt their leave and take sick days instead. The affected vacation days can then be moved to a later time.

Vacation during notice period

Upon termination, the employer must ensure that the employee either gets to take their vacation or receives vacation pay for the days earned but not taken.

If an employee has been granted their vacation and resigns or is terminated, they have the right to take their already approved vacation during the notice period. If the vacation inside has been granted upon termination, the employee is generally not allowed to take vacation during the notice period unless the employer approves it. The employer also cannot unilaterally grant vacation during the notice period if it is shorter than 6 months. 

Collective agreements and freedom of contract regarding holidays

Även om Semesterlagen (1977:480) i stort är tvingande finns det utrymme för avvikelser genom kollektivavtal och, i vissa fall, genom individuella avtal. Avvikelser kan bland annat gälla antal semesterdagar, antalet sparade dagar eller beräkningen av semesterlön.


For both employers and employees, it is therefore important to check the applicable collective agreement to understand what som applies in the individual case.

Support with vacation questions – this is how we work

Semester questions can become complex. RB Jurist offers qualified advice to both employers and employees.

We assist with, among other things:

  • Advice Regarding the Semester Act and rights.
  • Support for holiday placement 
  • Interpretation of collective agreements and individual agreements.
  • Review of employer routines and policies.
  • Support in disputes or ambiguities.

Do you need legal help regarding vacation issues?

Obtain qualified legal advice regarding vacation and the Holidays Act. RB Jurist has extensive experience in labor law, and we provide support and advice to both employees and employers. Contact our law firm for professional guidance.

Frequently Asked Questions about Vacation

What is vacation pay?

Holiday pay is compensation for unused vacation days that is paid out when employment ends.

An employee is entitled to 25 vacation days per year, but how many are paid depends on what the employee has earned.

If an employee falls ill during their vacation, they can interrupt it and take sick leave instead. The employer has the right to request a doctor's note, though.

All parental leave is holiday pay-qualifying, which means an employee still earns paid vacation days.

Yes, but this should be done in consultation with employees, and they normally have the right to four consecutive weeks of vacation during the summer. If the employer and employees do not agree, the employer decides when the vacation is taken during June-August.

The employer needs to approve your vacation 2 months before the main vacation is taken, but can deny it if there are strong business reasons.

An employee can save up to five days per year for up to five years, unless otherwise stated in the collective agreement.