Holiday and sickness absence
Holiday and sickness absence

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Holiday and sickness absence
  • Practical implications of the case law: a summary
  • Public sector workers
  • Private sector workers
  • Whether holiday entitlement continues to accrue during sickness absence
  • Whether a worker can nominate sick leave as holiday
  • Practical implications: whether an employer can prevent a worker taking holiday during sick leave
  • Whether a long-term sick worker needs to request annual leave
  • Public sector workers
  • Private sector workers
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.

Coronavirus (COVID-19): Issues relating to holiday and holiday pay during the coronavirus (COVID-19) pandemic are considered in Practice Note: Coronavirus (COVID-19)—holiday and holiday pay.

This Practice Note considers various practical issues which arise in relation to the entitlement to annual leave and holiday pay of workers who are, or have been, absent on sick leave, in light of case law on the subject.

For information:

  1. on holiday, including statutory and contractual holiday entitlement, payment in lieu, interaction with maternity and other family leave, notice requirements, part-time workers, annualised hours and other atypical working arrangements, bank and public holidays and remedies, see Practice Note: Holiday

  2. on holiday pay, including the basic and additional statutory entitlement, the effect of European law, calculating holiday pay for workers with normal working hours and no normal working hours, the right to holiday on

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