Guide to payment of unclaimed holiday allowances for the holiday period from 1/9/2021 to 31/12/2022

Link to download: Guide to payment of unclaimed holiday allowances for the holiday period 1.9.2021-31.12.2022

When can I request payment from Arbejdsmarkedets Feriefond?

In most cases, you can request payment of any unclaimed holiday allowance from the fund your employer has paid into beginning on 15 November.

If you are filing a payment request because of a situation that prevented you from taking your holiday time (a “holiday obstacle”), such as an illness or pregnancy, and that situation continued through the end of the holiday period, you must wait until 1/1/2024 to file a request. This is because payment is contingent upon the “holiday obstacle” existing through 31/12/2023.

Example:

Holiday allowance earned during the holiday year from 1/9/2021 to 31/8/2022, to be taken during the period from 1/9/2021 to 31/12/2022 and not transferred or paid out must be paid into the holiday fund on 15 November 2023.

Legal basis: Danish Holiday Act § 34, par. 3, subpar. 1

Which holiday fund is holding the holiday allowance I have earned?

FerieKonto and most employers pay into Arbejdsmarkedets Feriefond. See contact information at www.aff.dk.

If you are employed in a field covered by a collective bargaining agreement, you may be covered by a different holiday fund.

There are about 135 holiday funds in Denmark. A list is available here.

If you are uncertain, ask your employer what fund your holiday allowance was paid into.

Am I covered by the Danish Holiday Act?

The Danish Holiday Act applies to everyone who personally performs compensated work in an employment relationship. If you were not an employee, you would not have accrued a holiday allowance.

In other words, you are covered by the Danish Holiday Act regardless of whether you work full-time or just a few hours, such as if you are a student, if you receive student benefits, or if you earn income to supplement an old-age pension.

The fund does not have the authority to relax documentation requirements for those who have worked for only a few hours or have only a small amount of unclaimed holiday allowance.

Legal basis: Danish Holiday Act § 2.

Where can I find the rules?

You can find the Danish Holiday Act here.

If a situation has prevented you from taking your holiday time (a “holiday obstacle”), the regulation on holiday obstacles can be found here.

This guide describes the conditions, documentation requirements, and procedures for claiming an unclaimed holiday allowance that has been paid into a holiday fund.

The guide references the request form found here, as well as the employer declaration found here and the government agency declaration found here.

What are the documentation requirements?

The fund must ensure that you meet the requirements established by law in order to pay out any unclaimed holiday allowance. If you cannot document that you meet these conditions, the fund will be legally unable to pay out your holiday allowance.

The fund will begin by collecting the documentation needed in most cases to determine whether the conditions necessary for payment exist.

However, the fund may need to collect additional documentation, and it will contact you if this is the case.

If you send documentation other than that requested by the fund and it contains the information the fund needs, the fund will use the documentation you sent.

What is “detailed tax information”?

As part of the required documentation, you must always attach detailed tax information to your request form. You cannot use your annual tax statement because it does not contain all the information the fund needs to process your request. You can find your detailed tax information on skat.dk or borger.dk. There is a guide at the end of the form that explains how to print out or download the information you need. A guide to finding detailed tax information is also available here.

Note that SKAT may delete your information after 3 years, so it is important that you obtain the correct printout/download. Otherwise, in some cases, it could be difficult for you to document your entitlement to an unclaimed holiday allowance.

Can I get a holiday allowance payout from the fund?

According to § 30, par. 1, the fund must issue a payment when

  • holiday compensation, holiday wages, or holiday supplements have been paid into the fund AND
  • the employee has filed a request within 5 years from the expiry of the holiday period in question AND
  • the holiday time was taken OR
  • the holiday allowance can be paid out without the time having been taken

The following sections present an overview of the conditions and documentation requirements applicable to various situations that may create a basis for a holiday allowance payment. (Nos. 1–6)

  1. I took holiday time without receiving a holiday allowance

You may be entitled to a holiday allowance payment if you

  • have accrued a holiday allowance for the holiday year from 1/9/2021 to 31/8/2022 AND
  • have taken vacation time under an employer or paying government agency during the holiday period from 1/9/2021 to 31/12/2022 OR, in the case of transferred holiday time, during the holiday period from 1/9/2022 to 31/12/2023 AND
  • have not received a holiday allowance for the holiday time you took

If you have not taken holiday time by 31 December 2022, you will forfeit your right to both the holiday time and the associated holiday allowance unless the time was transferred to be taken in the following holiday period, or if you are eligible to receive a holiday allowance without taking holiday time.

For the fund to be able to process a request for holiday time you took, you must send:

  • The request form for payment of an unclaimed holiday allowance, available here, AND
  • Detailed tax information (your annual tax statement is not enough)—a guide to printing/downloading your detailed tax information is available here—AND
  • Either the “Employer’s Declaration Regarding Employment, Holiday Time Taken, and Holiday Obstacles” OR the “Paying Agency’s Declaration Regarding Holiday Time Taken and Holiday Obstacles” (if you were receiving benefits when you took your holiday time).

If you have problems obtaining a declaration from an employer, you can send a message to Arbejdsmarkedets Feriefond on our website at https://aff.dk/kontakt to explain why you cannot obtain the declaration (e.g., bankruptcy) AND instead attach pay stubs for the period from 1/9/2021 to 31/03/2023.

Arbejdsmarkedets Feriefond reserves the right to collect additional documentation from you.

  1. I have accrued more than 4 weeks of holiday time (5th week of holiday)

You may be entitled to a holiday allowance payment without taking holiday time if you

  • Have accrued more than 4 weeks of holiday during the period from 1/9/2021 to 31/8/2022 (the holiday year) AND
  • Have not previously received payment for holiday time beyond 4 weeks (5th week of holiday) between 1/9/2021 and 31/3/2022 AND
  • Have not received unemployment benefits, temporary labour market benefits, cash benefits, early retirement benefits, flex benefits, “flex job” unemployment benefits, resource allowance benefits, integration benefits, educational assistance, or cash benefits/allowances during the holiday period from 1/9/2021 to 31/12/2022, unless a situation existed that prevented you from taking your holiday time (a “holiday obstacle”) through the end of the holiday period on 31/12/2022 (see item 6)

For the fund to be able to process your request, you must send

  • The request form for payment of an unclaimed holiday allowance, available here, AND
  • Detailed tax information (your annual tax statement is not enough)—a guide to printing/downloading your detailed tax information is available here—AND
  • The “Employer’s Declaration Regarding Employment, Holiday Time Taken, or Holiday Obstacles” from the employer(s) which employed you between 1/9/2022 and 31/3/2023 and at which a 5th week of holiday is subject to payment.

If you have problems obtaining a declaration from an employer, you can send a message to Arbejdsmarkedets Feriefond via our website at https://aff.dk/kontakt/ to explain why you cannot obtain the declaration (e.g., bankruptcy) AND attach pay stubs for the period from 1/9/2022 to 31/3/2023 when the employer could have paid out a 5th week of holiday according to the provisions of § 23 or § 24.

Arbejdsmarkedets Feriefond reserves the right to collect additional documentation from you.

  1. I left my position

You may be entitled to a holiday allowance payment if

  • your employment ended no later than 31/12/2022 (the end of the holiday period) AND
  • you have not received unemployment benefits, temporary labour market benefits, cash benefits, early retirement benefits, flex benefits, “flex job” unemployment benefits, resource allowance benefits, integration benefits, educational assistance, or cash benefits/allowances during the period from 1/9/2021 to 31/12/2022, unless a situation existed that prevented you from taking your holiday time (a “holiday obstacle”) through the end of the holiday period on 31/12/2022.

For the fund to be able to process your request, you must send

  • The request form for payment of an unclaimed holiday allowance, available here, AND
  • Detailed tax information (your annual tax statement is not enough)—a guide to printing/downloading your detailed tax information is available here—OR
  • If you are abroad: A termination notice or other documentation of the end of your employment, and documentation of your presence abroad.

Arbejdsmarkedets Feriefond reserves the right to collect additional documentation from you.

  1. FerieKonto tried to pay me my holiday allowance

You may be entitled to collect an unclaimed holiday allowance if FerieKonto has attempted to pay you your holiday allowance; that is, if you

  • have received a letter from FerieKonto stating that they attempted to pay you your holiday allowance.

The payment could have failed if you do not have a NemKonto.

For the fund to be able to process your request, you must send

  • The request form for payment of an unclaimed holiday allowance, available here, AND
  • All letters you have received from FerieKonto, particularly the letter stating that the payment could not be processed, AND
  • an official letter from your bank containing your account number (if you do not have a NemKonto). If you bank with a foreign bank, the letter should include your IBAN and SWIFT code.

We need a letter from your bank in order to document that you are the owner of the account.

Arbejdsmarkedets Feriefond reserves the right to collect additional documentation from you.

  1. I am a relative of a deceased person who had accrued a holiday allowance

If an employee passed away during the holiday period from 1/9/2021 to 31/12/2022, their unclaimed holiday allowance can be paid to their estate.

For the fund to be able to process your request, you must send

  • A grant of probate

Arbejdsmarkedets Feriefond reserves the right to collect additional documentation from you.

  1. I was unable to take my holiday time

If you were unable to take your holiday time during the holiday period from 1/9/2021 to 31/12/2022, you may be entitled to payment for up to 4 weeks of holiday.

The first situation in which you may claim an unclaimed holiday allowance after a situation existed that prevented you from taking your holiday time (a “holiday obstacle”) is as follows:

  • You must have been unable to take your holiday time through the end of the holiday period from 1/9/2021 to 31/12/2022 due to one of the reasons listed in the regulation on holiday obstacles, which you can find here, AND
  • Your holiday obstacle must have been resolved by 31/12/2023, AND
  • You must have taken holiday time by 31/12/2023

For the fund to be able to process your request in this situation, you must send

  • The request form for payment of an unclaimed holiday allowance, available here, AND
  • Detailed tax information (your annual tax statement is not enough)—a guide to printing/downloading your detailed tax information is available here—AND
  • The “Paying Agency’s Declaration Regarding Holiday Time Taken or Holiday Obstacles” (if you received illness benefits, maternity benefits or other benefits under the Danish Parental Leave Act, or compensation for lost earnings). In other cases, contact Arbejdsmarkedets Feriefond for details regarding the required documentation.

The second situation in which you may claim an unclaimed holiday allowance after a situation existed that prevented you from taking your holiday time (a “holiday obstacle”) is as follows:

  • You were unable to take your holiday time by the end of the holiday period from 1/9/2021 to 31/12/2022 and that situation continues through the end of the holiday period from 1/9/2022 to 31/12/2023, AND
  • The “holiday obstacle” is due to your own illness, childbirth, or another event covered by the Danish Parental Leave Act.

For the fund to be able to process your request in this situation, you must send

  • The request form for payment of an unclaimed holiday allowance, available here, AND
  • Detailed tax information—a guide to downloading your detailed tax information is available here, AND
  • The “Paying Agency’s Declaration Regarding Holiday Time Taken or Holiday Obstacles” (if you received illness benefits, maternity benefits, or other benefits under the Danish Parental Leave Act). In other cases, contact Arbejdsmarkedets Feriefond for details regarding the required documentation.

Arbejdsmarkedets Feriefond reserves the right to collect additional documentation from you.

Can I appeal if Arbejdsmarkedets Feriefond does not pay me a holiday allowance?

The fund’s decisions cannot be appealed.

If you disagree with the outcome of your request for payment of an unclaimed holiday allowance, you may seek relief through the legal system.

What happens to my holiday allowance if I do not collect it?

Arbejdsmarkedets Feriefond uses unclaimed holiday allowances for holiday-related purposes provided for by law.

Arbejdsmarkedets Feriefond is a public authority that uses its funds in support of holidays for disadvantaged families and children.

You can read more about the activities of Arbejdsmarkedets Feriefond in the fund’s annual reports. These reports are available at www.aff.dk.

If you are covered by a collective bargaining agreement, you may be covered by a different holiday fund, which may offer you an advantage when renting a vacation home, etc.

Effective date

This guide was last updated on 06/12/2023.