Construction agreement makes benefit advances compulsory from 2027

Employers bound by Fellesoverenskomsten for byggfag must advance sickness, nursing and parental benefitsLovdata under a new collective-agreement duty taking effect on 1 January 2027Lovdata. The duty covers new cases arising after that dateLovdata and replaces a recommendation that local parties review the basis for advancing sickness benefits where no advances were made. Existing better company agreements or arrangements must not be weakened as a result of the change.

The duty covers employees with at least six months of continuous employment in the company, and companies may not treat employees unequally as regards advances. At all times the conditions for the benefit under folketrygdloven must be met. For sickness benefits, advances are limited to cases where the employee is entitled to employer-paid sickness benefits and national insurance pays after the employer period under folketrygdloven § 8-17 first paragraph letters a, d and e — after the employer period, during necessary medical check-ups requiring at least 24 hours of absence, or where the employee is a donorLovdata.

Advances are capped at the amount NAV reimburses, and the reimbursement accrues to the employer. Duration is limited to four months within a calendar year including the employer period for sickness benefits, unless the company sets better termsLovdata. The employer must notify the employee no later than one month before advances cease.

The duty lapses where the employee breaches the information duty, fails to meet the obligations securing the employer's ongoing reimbursement or to cooperate as needed in time, where NAV rejects the benefit application, or when the employment endsLovdata. Sickness absence must be documented with a medical certificate under company routines, and certificates from doctors outside the EEA trigger the duty only once the employer has NAV confirmation that the certificate gives reimbursement rights. Employees must disclose other employment or secondary occupations in connection with sickness certification.

Employees must repay incorrectly or unjustifiably advanced sickness benefits on the employer's demand. A written agreement must settle the amount owed and a suitable form of settlement. The agreement recommends making the agreement under arbeidsmiljøloven § 14-15 third paragraph letter c; that gives the basis for correcting income reports and tax withholding.

NAV sickness-benefit entitlement is a matter between the employee and NAV: it gives no grounds for local dispute proceedings between the employee or representative and the company, and the Hovedavtalen dispute system does not apply to such cases.

Legal basis: Fellesoverenskomsten for byggfag §§ 1-1 and 2-14, read with folketrygdloven § 8-17 first paragraph.