If a person is claiming SW while on Sick Leave they cannot also be paid holidays by the company therefore they are not using up their annual leave – so practically how will this work?

Last month's Q2 asked whether it was possible to prevent employees from taking annual leave when they were on sick leave. Our response was, essentially, why would you want to? Pursuant to a number of ECJ cases, an employee who has not had an opportunity to take annual leave retains the entitlement and if employment is subsequently terminated, is entitled to be paid in lieu of this leave. Employers should not therefore discourage employees from taking annual leave during sick leave, should they request it.

Other practical reasons for allowing/encouraging employees to take annual leave during sick leave are:

a) the holiday (particularly in mental health cases) may assist their recovery;

and