Magne Salvesen loses sick leave case against Tine in Norway

Magne Salvesen, an employee at Tine, faced a significant issue after being diagnosed with conjunctivitis, also known as pink eye. Upon receiving a sick note from his doctor, Tine disputed the legitimacy of his sick leave, resulting in a salary deduction of around 9,864 NOK. The Norwegian Labor and Welfare Administration (NAV) sided with Tine, and Salvesen subsequently lost his case in the social security court.

Salvesen’s ordeal began when he experienced eye discomfort on a Friday in 2022 and worsened over the weekend. He consulted his doctor on Tuesday and was advised to stay home due to the risk of contagion, particularly given the ongoing concerns about COVID-19 at that time. He returned to work the following week only to find out that his employer was considering contesting his sick leave.

Tine’s management eventually challenged the sick note, claiming that Salvesen had not exhibited enough symptoms prior to his leave and had delayed seeking medical attention. Consequently, Salvesen’s salary was deducted, causing him financial strain, which he described as shocking.

Although NAV initially supported Tine’s decision, Salvesen appealed, but the court confirmed that while he was sick, the reasons for his sick leave did not meet the threshold required to justify his absence.

This situation is part of a growing trend in Norway where employers are increasingly disputing sick leave claims. In 2022 alone, the number of contested sick leaves rose significantly. The Norwegian Employers’ Confederation (NHO) has been providing guidelines to businesses on how to challenge sick leave, which has drawn criticism from political figures who argue that it undermines the integrity of sick leave policies.