In Sweden, it is the Vacation Act that regulates vacation, and it guarantees employees the right to vacation benefits consisting of vacation leave, vacation pay, and vacation compensation. The Vacation Act is an important part of the employee's right to rest and recuperation, as well as provides the right to paid vacation.
The Vacation Act (SFS 1977:480) gives all employees the right to at least 25 days of vacation per year, except in cases where the employment starts after August 31. This right applies regardless of whether the employment is full-time or part-time. The right to vacation is a benefit protected by law and generally cannot be waived through individual agreements between employers and employees. However, individual employment contracts or collective agreements may agree to more vacation days. Special rules apply to certain fixed-term contracts.
As a general rule, the vacation should be taken as four consecutive weeks during the months of June, July, and August. However, the employer has the ultimate right to determine when the vacation is taken, but may need to negotiate with the trade union or the individual employee when deviating from this main rule.
As an employee, you have the right to paid vacation based on the accrual of vacation days during the year before you take your vacation, or if advance vacation is offered. According to the Vacation Act, the vacation year is from April 1 to March 31, but this can be changed by collective agreement. Even days when you, as an employee, are absent from work can be counted. The employee also has an obligation to take at least 20 paid vacation days per year. Other vacation days can be saved for a maximum of five years. However, you can always choose not to take the vacation if it is unpaid.
If you, as an employee, terminate your employment before you have had a chance to take all your vacation, you are entitled to vacation pay. The vacation pay is equivalent to the value of the remaining vacation days and is paid out as a lump sum. This protects your right as an employee to receive your earned benefits even if the employment is terminated. If you, as an employee, have received advance vacation, the vacation pay is generally reduced to the extent that vacation pay has been paid, unless more than 5 years have passed since the advance was received or any of the other exceptions are met.
As an employee, you always have the right to 25 days of vacation per vacation year. According to the law, the vacation leave should be taken so that the employee gets a consecutive leave during the summer months, June to August, unless otherwise agreed or special reasons apply. If you as an employer want a different period for vacation, you generally need to negotiate with the trade union, or if no union exists or wants to negotiate, reach an agreement with the employee. However, as an employer, you have the authority to determine when the vacation is taken in cases where you and the employee do not agree, provided that nothing else has been agreed. In that case, you as an employer have an obligation to inform the employee at least two months in advance, unless there are special reasons for delay.
If the employment period is intended to be shorter than three months and does not last longer, it is also possible for you as an employer to completely waive vacation leave and instead pay out vacation pay. The employee is also always allowed to choose not to take the vacation if it is unpaid.
According to the Vacation Act, the vacation year is from April 1 to March 31, but this can be changed by collective agreement. Even days when the employee is absent from work can be counted, if the absence is due to vacation, maternity allowance, parental leave, or sickness and does not exceed a certain number of days per accrual year.
