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An employee who is off sick has asked us if he can take holiday under the Working Time Regulations, in order to trigger the right to holiday pay. Can he do this?

An employee who has been off sick for more than a year has asked us for holiday pay under the Working Time Regulations. Do we have to pay?

When an employee is on sick leave, he or she is not entitled simultaneously to claim holiday entitlement under the Working Time Regulations.

In practice, assuming there is sufficient time remaining in that leave year, employees who have been off work sick for part of the leave year will often still be able to take their holiday entitlement under the Working Time Regulations upon their return to work (subject to them giving their employers adequate notice to take that leave).

If, by contrast, an employee returns to work and there is insufficient time left in that leave year to take all his remaining leave entitlement, and assuming there is no contractual provision to the contrary (express, or implied by custom and practice), he will lose his right to take the leave. Assuming his employment is not terminated during the course of that particular leave year (and again, subject to any contractual provision to the contrary), he will not be entitled to be paid for any leave accrued but untaken during that year.



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The EEF Employment Guide is intended to provide general guidance only. It does not purport to be comprehensive or to give legal advice. Users should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.