Can you put into a policy that employees cannot go on holidays while out on long-term paid sick leave?

Posted in : First Tuesday Q&A ROI on 6 March 2012 Issues covered:

Recent ECJ case law has confirmed the ECJ position that an employee accrues annual leave whilst on sick leave. Sick leave is legally perceived as being very different to holiday. As long as employees comply with the notification and certification requirements of an employer's sick leave policy, they should be permitted to go on holiday during that sick leave without disqualifying themselves from payment.

Sick leave also tends to be medically perceived as being different to holiday with doctors often advising that it is therapeutic. If, at any stage during the sick leave the employer becomes concerned that the sickness may not be genuine and that the employee is malingering then it might be

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Back to Q&A's This article is correct at 02/09/2015

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