Alternative duties

Alternative duties refer to a situation where an employee who is incapable of performing their usual work duties works in lighter duties and assignments instead of taking sick leave.

If a doctor has given a medical certificate, assessing that the employee is incapable of work, the employee has the right to be on sick leave. In this situation, the employer cannot obligate the employee to take up alternative duties. SuPer also does not recommend employees to agree to alternative duties without this being based on a doctor’s evaluation.

If a doctor has stated in their medical certificate that the employee is capable of performing alternative duties, the employee is generally obligated to perform the alternative duties if so ordered by their employer.

The alternative duties must, however, be work that the employee is obligated to perform based on their employment contract. Ordering an employee to perform work outside the scope of the employee’s employment contract requires the employee’s consent.

It is also recommended that the alternative duties would be based on the employee’ willingness to perform alternative duties in all situations.

• When commissioning alternative duties, the recovery of the employee’s occupational abilities must always be taken into account. If, after performing the alternative duties, the employee discovers that they are unable to perform these duties, the employee should seek medical attention again. The doctor will then perform a new assessment on the employee’s work capacity.
• The alternative duties must be compensated with at least the pay defined in the employment contract and collective agreement.
• Alternative duties should not be used if the incapacity for work is due to a work accident.