LRD guides and handbook May 2013

Law at Work 2013

Chapter 4

Workers build up holiday while off sick

ECJ case law has established that a worker continues to build up annual leave while off sick, and can choose between taking paid holiday while off sick and saving it up to take upon their return to work (HM Revenue and Customs v Stringer and others [2009] IRLR 677). Taking holiday while off sick might be a good option when the worker’s entitlement to contractual sick pay at full pay has run out.