Section 9. Taking of holidays during illness, leave of absence, industrial disputes etc.

(1) (Taking holidays during absence through illness etc.)
An employee who is completely incapacitated for work before his holiday may demand to have the holiday postponed until later in the holiday year. The demand must be supported by a medical certificate and be submitted at the latest on the last working day the employee would have worked before the holiday.
An employee who has been completely incapacitated for work during the holiday may demand to have a corresponding number of working days' holiday postponed and given to him as a new holiday later in the holiday year. The demand must be supported by a medical certificate and be submitted without undue delay after the employee's return to work.
(2) (Taking holidays during parental leave)
An employer may not without the consent of the employee fix holidays to periods of leave during which parental benefit is being paid pursuant to sections 14-1 to 14-15 of the National Insurance Act. The same applies to leave in connection with births granted to fathers and other providers of care pursuant to section 12-3, first paragraph, of the Working Environment Act.
An employee may claim the right to take statutory holiday during a period of leave when maternity benefit or benefits for care of adoptive children is paid, cf. sections 14-7, 14-16, 14-22 and 14-25 of the National Insurance Act.
If the period of leave as mentioned in the first paragraph coincides with an already fixed holiday, the employee may demand postponement of the number of working days of holiday included in the period of leave.
Subject to the conditions which follow from sections 6 and 7, an employer may fix holiday dates for a period when an employee has extended parental leave pursuant to section 12-5 of the Working Environment Act.
(3) (Holidays during military service and other compulsory service)
An employer may not without the employee's consent fix a holiday for a period when the employee is engaged in compulsory service in the Home Guard or Civil Defence or in military reserve training exercises.
If compulsory service as mentioned in the first paragraph coincides with a previously fixed holiday, an employee may demand postponement of the number of working days' holiday spent in such service.
Subject to the conditions which follow from sections 6 and 7, an employer may fix the dates of annual leave in connection with holidays for one year in a period when an employee is engaged in initial military service pursuant to the Act of 17 July 1953 No. 29 relating to compulsory national service.
(4) (Holidays during industrial disputes)
During a lawful industrial dispute (strike or lockout) holidays may be fixed and required to be taken in accordance with the rules in sections 6 and 7. An employer may not because of a lawful industrial dispute change the dates fixed for a holiday. If an employer fails to pay holiday pay in accordance with section 11 (4), the fixed holiday is not regarded as having been taken during the period of absence.
(5) (Departure)
The rules in (1), (2) and (3) may not be departed from in an employee's disfavour in a collective agreement or other agreement in advance. The rules in (4) may be departed from in a collective agreement.