Sickness and holiday can happen at the same time. For example, a worker might:
- take holiday while on sick leave
- become sick while taking holiday
In these circumstances the employer and worker should talk with each other and discuss whether:
- the time off will count as sickness or holiday
- the worker will get sick pay or holiday pay
If the employer has a policy on this, they should apply it in a fair and consistent way.
The employer and worker should put what they agree in writing, for example in a letter or email.
Taking holiday while off sick
A worker can use their paid holiday (annual leave) while off sick. For example, if they:
- are not physically able to work, but physically able to take a holiday
- have a mental health condition that might be helped by a holiday
- are off sick long term and a holiday might help with their recovery
It's up to a worker to request holiday while off sick. An employer cannot force a worker to take holiday while off sick.
If the employer approves the worker's holiday request:
- sick leave can be paused while the worker takes holiday
- the worker should get holiday pay while they are on holiday
After the worker has taken the holiday, sick leave can continue if they're still not well enough to return to work.
If a worker is sick on holiday
A worker must report their sickness to their employer if they want to take any holiday as sick leave.
In this case the worker can:
- get statutory sick pay for the time they were sick – as long as they are entitled to it
- keep the time they were sick to use as holiday another time
Building up holiday entitlement when off sick
Workers 'accrue' (build up) their holiday entitlement as normal when they're off work because of sickness or injury.
Employers can have different rules on how they pay for holiday and sick leave. Workers should check the employment contract or any policy the employer has.
Long-term sick leave
Sick leave is usually considered long term if it lasts longer than 4 weeks.
If someone has not been able to use their holiday because they've been on long-term sick leave, they can carry it over.
Workers on long-term sick leave can carry over 4 weeks' unused holiday entitlement, unless the employer allows more to be carried over. This holiday must be used within 18 months from the date it's carried over.
A worker might not need to carry over any unused holiday. For example, if they return from sick leave and still have enough of the holiday year left to use their holiday.
Find out more about holiday entitlement
Irregular hours workers and part-year workers
There are different rules about sickness and holiday for irregular hours workers and part-year workers.
Someone is an irregular hours worker if, under their contract in that year, the number of hours they work in each 'pay period' is wholly or mostly variable. A pay period is how often someone gets paid, for example weekly or monthly.
Someone is a part-year worker if their contract:
- says they are required to work only part of that year
- says there are periods of at least a week when they are not required to work and which they are not paid for
- is in place all year around, including when they're not working
Find out more about holiday and sickness for irregular hours workers and part-year workers