What is the duty to be active? (aktivitetsplikten)
When you are on sick leave, you have a duty to be active if this is possible. Your employer has a duty to adapt the workplace and your work tasks as much as possible to allow you to work. The goal is to help you get back to work as soon as possible and prevent your sick leave from going on too long.
Duty to be active (aktivitetsplikt)
The duty to attempt to work applies during the entire period of sick leave. At 8 weeks of sick leave NAV assesses whether you are complying with the duty to act. In order to keep receiving the sickness benefit you have to be engaged in an activity that is work related. This means that you are partly working while you are on sick leave.
You can either do some of your normal work tasks or you can participate in other tasks at the workplace.
It is important that you have a good dialogue with the person who has approved your sick leave regarding what is required for you to be able to do some form of work.
Exemption from the duty to be active
In some instances you may be exempt from the duty to be active:
- If there are compelling medical grounds for you not being able to participate in activities. In this case the person who approves your sick leave must document this by providing supplementary medical information in the sick note.
- If it is not possible to carry out activities at the workplace. In this case your employer must provide the reasons for this in the follow-up plan that is sent to the doctor and NAV.
Duty of the employer
Your duty to be active is closely linked to your employer’s duty and ability to make arrangements for you to work. If it is not possible to adapt the workplace or work tasks, your employer must document this in the follow-up plan that is sent to NAV.
If you do not have an employer
If you do not have an employer your point of contact will be your NAV office. You can create a digital activity plan on nav.no that allows you to communicate directly with your NAV counsellor.