The European Court has already decided that where an employee has booked holiday, but then falls sick, they are entitled to claim back that holiday. Some large employers already permit this, but most don’t.

A further recent decision will impact employees who have been off sick for most, or all, of a leave year. Do such employees have to actually request the leave while off sick in order to be able to claim it?

The Court of Appeal has now decided that they don’t.

So, an employee who has been off sick for a year or more could ask to take all of their un-taken leave when they return. If they have been dismissed for long-term sickness absence, they can seek payment in lieu of their holiday from the start of their sickness absence.

Published in…

Updates: For employers: Holiday and working time | For employees: Holiday | Sickness |
Tagged with: European court | Sick leave |

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