Does holiday accrue during sick leave?Employment Law Advice
Yes, holiday continues to accrue whilst a worker is on sick leave.
Here is a brief overview of holiday and sickness:
- Holiday continues to accrue regardless of the length of the sickness absence.
- Legally, sick leave and holiday cannot be taken at the same time, however a worker can take holiday while off sick if they choose to do so. In practice, this will mean taking the worker off of sick leave for the duration of the holiday and then placing them back on sick leave if they remain unwell after the holiday.
- Holiday during sick leave must be requested by the worker. The employer cannot force a worker to take holiday while off sick.
- If a worker is on long-term sick leave, by law they can roll over 4 weeks’ of unused holiday into the following leave year, or more if the contract allows. The holiday must be used within 18 months from the carry over date.
- Individuals who are in receipt of Permanent Health Insurance (PHI) benefits and remain in employment also continue to accrue holiday, which could have financial implications for the employer if holiday has not been taken during the absence. Specific advice following review of all of the documentation will need to be provided to advise on the legal position in this respect, particularly where the employer is considering terminating the employment contract.
If you have any queries or wish to discuss holiday accrual during sickness absence, please do not hesitate to contact one of our experienced Employment Lawyers on 01202 525333 for further advice.Print Back to Blog