Sick leave and holiday

The ECJ has issued several key decisions about the effect of sickness on statutory holiday rights. Under these rulings, a worker continues to accrue statutory holiday under the WTD while off sick. They can choose between taking holiday while off sick or saving it until they return to work (Stringer v HM Revenue and Customs, [2009] C-520/06). Nobody can be forced to take holiday while off sick (Pereda v Madrid Movilidad SA [2009] IRLR 959).

Taking paid holiday while off sick can be useful for someone who has run out of paid contractual sick pay, since holiday pay must be paid at normal wages. Workers who want to take holiday while off sick should give notice of their planned holiday, following the relevant holiday rules.