Still confusion over accumulation of holiday during sick leave


An employee had been on long term sick leave for over six years and when his employment terminated, he claimed for payment for accrued holiday.

Author: Dennis Chapman
Reading time: 1 minute

This article is 11 years old.

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A recent European case (KHS AG v Schulte 2011) on how long an employer needs to allow untaken holiday leave to accrue during sickness still leads to an unsatisfactory legal problem. 

In the particular case an employee had been on long term sick leave for over six years and when his employment terminated he claimed for payment for holiday not taken over that period.  The European decision gave the view that they considered 18 months after the end of a leave year was sufficient but also indicated that Member States could set their own time limits.  Watch this space. 

Dennis Chapman

In remembrance of Dennis Chapman 1951 -2015

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