When it comes to holiday entitlement the ‘use it or lose it’ rule has long been understood. Recent cases have challenged this approach and in 2009 a European Court decision held that an employee who was on sick leave during a planned holiday was allowed to take the holiday at another time, or be compensated for it on termination.
A new case in an English Court has held that an employee who is on sick leave needs to actually request for their leave to be used at a later date or carried over. Previous case law had held that the carry over would be automatic, even if holiday was not requested. Watch this space, however, because the issue is under further appeal.
Note that, in a separate decision, it has been held that such carry-over could be limited to 15 months after the end of the leave year in question.