Withy King Guidance Note: Sickness absence and annual leave

There has been significant recent case law on whether employees on sick leave: 

  • continue to accrue statutory holiday while on sick leave
  • are entitled to take holiday while on sick leave
  • are entitled to carry over holiday where they have not taken it while on sick leave
  • are entitled to pay in lieu for holiday not taken but accrued from previous years and the current year if they have been on sick leave

Please click here to view / download our guidance note, which sets out the latest position.

We hope you will find the guide useful and informative. Should you need more detailed guidance, please don't hesitate to contact the members of the Employment Team

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Malcolm Gregory
Partner
T: 01793 401052 (DDI)
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Richard White
Partner
T: 01225 352921 (DDI)
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