IBB Law recently ran an interesting piece on a worker’s right to annual leave whilst on sickness absence. The article highlighted one case in particular in which Mrs Larner, an employee with NHS Leeds, was refused payment in lieu of her untaken annual leave while on sickness absence between 2009 and 2011 when she was dismissed in April 2011.
She made a claim for this entitlement and the Employment Tribunal and EAT agreed that Mrs Larner had the right to carry forward her accrued annual leave and to be paid in lieu of that untaken leave on termination of her employment.
With the EAT’s decision upheld by the Court of Appeal, IBB Law goes on to speculate that the Regulations should also apply to the private sector and that employers should allow workers to carry over their accrued holiday where they have been on sickness absences.
Employers are advised to bear in mind this element of the law relating to sickness absence and holiday pay when someone is on long term sick.
See more at: Right to annual leave whilst off sick
