Sick leave and holiday

The Working Time Regulations give employees the right to a minimum of 5.6 weeks’ paid holiday, including bank and public holidays, in each leave year. Under the Regulations the leave is split into 4 weeks’ basic leave and 1.6 weeks’ additional leave.

A recent case in the Employment Appeal Tribunal has held that workers who are off work sick and therefore unable to take their annual leave are only entitled to carry over their basic right to 4 weeks’ leave and not the additional 1.6 weeks’ under the Working Time Regulations. When a situation like this arises employers should therefore calculate an employee’s basic right entitlement on a pro rata basis.

For more information contact David Hacker.