Holidays and Sickness

It is now coming into the holiday season, and as such annual leave will already have been agreed and taken from an employee’s annual entitlement. What should an employer do if the employee who is due to go on annual leave produces a sick note for the same period of time?

If any employee is signed off from work, then legally they will be considered to be away from work on the ground of sickness and as such should not suffer any loss as a result (ie have to use up their holiday entitlement). As such the annual leave should be reallocated to the employees annual leave entitlement and their absence will be classed as sick leave. You only have to pay them statuary sick pay during this time, unless your contract of employment dictates otherwise.

Published: 06 Jun 2014


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