An employer can sometimes refuse to pay the sickness benefit for the first 16 days of sick leave, i.e. the period which the employer must normally cover.
If your employer does not approve your sick note, you have the option of applying for NAV to pay you the sickness benefit for these 16 days.
You can log on and use Write to us. Select the category “Arbeid” (Work). Here you write:
“My employer will not pay the sickness benefit during the employer liability period. I am applying for NAV to pay the sickness benefit.” Then write the following information:
name, address and telephone number of your employer,
the date you informed your employer that you were sick,
the means by which you informed by your employer (telephone, SMS, email etc.),
who you notified,
the date you submitted the sick note,
whether you were abroad while you were on sick leave – and if so where and when,
whether you did any work during the period – and if so for whom and how much.
If requested, you can instead ask NAV to send you an application form which you can fill out and send by mail.
Once you have applied, we will then determine whether you are entitled to the sickness benefit.
When can your employer have grounds to question your sick note?
Your employer does not have the right to know your medical history or about your diagnosis. However, your employer may ask questions regarding whether you are entitled to the sickness benefit.
The following are examples of situations that may give your employer grounds to question the sick note:
• If sick leave occurs in connection with temporary lay-offs, strike, bankruptcy, termination, labour dispute, life crises, difficult life situations or holidays. • If you engage in activities which indicate that you would be able to work. • If you refrained from informing your employer that you were sick, or only gave notice after 14 days. • If the sick note is back-dated, even though you were able to see a doctor. • If you doctor expresses doubts about you being too sick to work.
What will NAV do?
We will investigate the case when you have sent us the application (see the description above). We will then collect information from your employer or possibly from the person who approved your sick leave and from the union or other parties that may have essential information. We often have to obtain transcripts of your medical records. As a general rule, we ask for a transcript from a period prior to when you went on sick leave and the period when you were on sick leave. Section 21-4 of the Norwegian National Insurance Act grants NAV the right to obtain this information.
If we find that you are entitled to the sickness benefit, we will pay the sickness benefit to you and claim reimbursement from your employer at a later date. However, if we arrive at the same conclusion as your employer, we cannot pay the sickness benefit for the first 16 days of your sick leave. We also need to assess whether you are entitled to the sickness benefit from day 17, when NAV takes over responsibility for payment of the sickness benefit.