If you are ill on your leave, are you entitled to have this leave carried forward?
Recently there has been a claim in the employment tribunal, as an employee took four years’ sick leave following an accident, and then sought payment for 60 days’ accrued holiday. This claim was dismissed by the employment tribunal, as the employee could not prove that the medical condition was the reason he did not take his annual leave.
This decision was then appealed and the EAT overturned the decision. A sick employee is not required to take annual leave during the time they were unable to take that leave, they may be unable or unwilling to take the leave and therefore they are entitled to this at a later date.
The EAT decided that the employee was entitled to the payment in lieu of their annual leave for the last year of their sickness absence, however for the first two years it was not granted.
If you have had time off, and are ill, you are entitled to then carry that holiday forward.
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