Latest Information

Holidays Carried Over If Sick

01/03/2010

Tribunal finds workers on sick leave may carry over holidays into the next leave year.

A recent Employment Appeal Tribunal case established that employees may be allowed to carry over annual leave, which was ruined by sickness, to the following leave year. In this particular case the employer's refusal to allow an employee to retake his holiday, ruined as a result of a broken ankle, in the new holiday year was in breach of the Working Time Regulations.

The purpose of the Working Time Regulations holiday provision is to ensure that workers have a period of leisure each year thereby protecting their health and safety. It is therefore consistent with this purpose to allow workers, who did not have a period of leisure due to ill health, to take that leave in the following year if necessary.

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