Latest Information

Holidays to be reclaimed if sick

16/09/2009

The European Court of Justice has recently issued a decision which establishes that when a worker is ill during a period of annual leave this will not count towards the minimum period of 4 weeks annual leave granted under the Working Time Directive.

The case emphasised that workers are by right entitled to paid annual leave and the purpose of this is to enable the worker to rest and enjoy a period of relaxation and leisure.

Sick leave on the other hand is to ensure that a worker can recover from being ill. Therefore if the worker decides not to take annual leave during a period of genuine sickness he must be granted alternative dates as holiday period to ensure that he is not prevented from taking his entitlement to rest and relax.

This principle is likely to apply whether the employee falls sick before or during the actual period of leave.

If you require advice or assistance in respect of the above or any other employment matter, please call our employment team on 01204 527777.

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