Restriction on holiday pay for sick workers

The reason for this is because the European Directive, which is implemented in the UK by the Working Time Regulations, only provides for a basic entitlement to 4 weeks leave with no carry-over of leave into the next year if the employee cannot take it because of illness. So unless a contract provides for the carry-over of annual leave, the most a sick employee or worker can claim is the statutory 4 weeks.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222