Management Clinic: Illness on leave
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
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