What are the correct procedures when dealing with employee illness while they are on annual leave?
It has been
established in UK employment law for a number of years that an employee unfit
for work before a period of paid annual leave is due to begin is entitled to
take that leave at another time if they wish. It also follows that a
worker who falls ill during their holidays should be allowed to take annual
leave for the period of sickness at another time. The European Court of Justice
has only recently clarified this, stating that whether an employee falls ill
before or during their annual leave period is largely irrelevant. They are
entitled to take the period of annual leave at another time, even if that means
carrying forward the period of holiday into the next leave year*. The UK Government
is planning to amend the Working Time Regulations 1998 to take account of the
ECJ case law in this area.
