Court of Appeal Issues New Ruling on Additional Vacation Leave for Employees Over 60

On February 5, 2026, Gulating Court of Appeal issued a ruling on an important question concerning employees’ rights to schedule additional vacation leave. The decision has practical implications for employers whose staff work on public holidays.

Case Summary

A nurse employed 80% in home healthcare services notified her employer that she wished to take her additional vacation leave consecutively from December 23-28, 2024. According to her shift schedule, she was rostered to work on Boxing Day (December 26).

The municipality denied her request for leave on December 26, arguing that additional vacation cannot be taken on statutory public holidays when an employee is scheduled to work. The municipality contended that the additional leave must be scheduled during weeks without public holidays, or that the employee must split the vacation period.

The Court’s Ruling

The Court of Appeal ruled in the employee’s favour, holding that she was entitled to take vacation on the requested date, and dismissed the municipality’s appeal of the district court judgment. The court concluded:

The statutory language is unambiguous. The Court of Appeal held that the statute imposes no restrictions on when employees may schedule their additional vacation. The court cited legislative history and legal commentary confirming that the working day principle applies to all statutory vacation entitlements.

A deliberate legislative choice. The court noted that when the legislature introduced additional vacation for older workers, it was fully aware that the scheme could create operational challenges for employers and place additional burdens on younger employees. Nevertheless, the legislature prioritized the policy objectives underlying this special leave entitlement.

The working day principle applies to additional vacation. Additional vacation consists of six working days. Public holidays falling within the vacation period do not count as vacation days and extend the leave period accordingly. Consequently, when vacation is scheduled during periods containing public holidays, the leave period is automatically extended.

Employees control the timing. Under Section 6(1), second paragraph of the Holidays Act, employees over 60 have the sole discretion to determine when to take their additional vacation, whether consecutively or divided. The only requirement is providing at least two weeks’ notice to the employer.

Practical Implications

This ruling establishes that:

• Employees over 60 are entitled to take the additional vacation consecutively, including during periods with statutory public holidays
• Public holidays during vacation periods do not count as vacation days and automatically extend the leave period
• Employers cannot require employees to work on such days when the additional vacation has been properly notified
• Employers cannot mandate splitting the additional vacation when employees wish to take it consecutively

Employers must anticipate that older employees may schedule the additional vacation during holiday periods when they are rostered to work, which may necessitate shift redistribution or discussions to identify mutually acceptable solutions.

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Questions about how this ruling affects your organization, or need assistance with Holidays Act matters? Feel free to contact us.