Holiday Pay and Sickness Pay


What happens if an employee's falls sick during a period of holiday?

Author: Dennis Chapman
Reading time: 1 minute

This article is 10 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

In a recent ECJ decision of ANGED v FASGA, the matter of sickness during periods of booked annual leave was discussed.  

It has now been widely discussed and accepted that holiday continues to accrue during periods of long term sickness however this case discussed what happens if an employee’s falls sick during a period of holiday? 

The employees in the above case argued that they should have paid annual leave even where that leave coincided with sick leave. The employer’s however had a policy in place that stated that if employees fell ill before or during annual leave, they were not entitled to take that annual leave later on.

It was held that while an employee is sick they are not resting, they are recovering and therefore they cannot be on holiday. Therefore when a worker is sick during annual leave then, irrespective of when that period of sickness began, they are entitled to take their annual leave at a later time.

Dennis Chapman

In remembrance of Dennis Chapman 1951 -2015

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.