Management Clinic: Illness on leave

A woman blowing her nose

An employee recently returned after a two-week holiday complained of sickness for a period of three days during their leave. Are they able to claim the holiday entitlement back due to the sickness?

The law regarding claims of sickness during statutory annual leave has recently been modified. The European Court of Justice has ruled that a period of illness while on holiday does not count towards the entitlement to annual leave and, as such, any employee who is ill during their holiday can request replacement leave to cover the period of ill health. In the event of this request, you cannot refuse to allow them to convert this time. If you do not believe that this was genuine sickness then

Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.

To access these options, along with all other subscription benefits, please contact info@insuranceage.co.uk.

You are currently unable to copy this content. Please contact info@insuranceage.co.uk to find out more.

Sorry, our subscription options are not loading right now

Please try again later. Get in touch with our customer services team if this issue persists.

New to Insurance Age? View our subscription options

Register

Sign up and gain access to five complimentary news articles every month.

Already have an account? Sign in here

This address will be used to create your account

You need to sign in to use this feature. If you don’t have an Insurance Age account, please register now.

Sign in
You are currently on corporate access.

To use this feature you will need an individual account. If you have one already please sign in.

Sign in.

Alternatively you can request an indvidual account here: