Sick pay and holiday pay
Sickness and holiday can happen at the same time. For example, an employee might:
- take holiday while on sick leave
- become sick while taking holiday
In these circumstances the employer and employee should talk with each other and agree whether:
- the time off will count as sickness or holiday
- the employee 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 employee should put what they agree in writing, for example in a letter or email.
Taking holiday while off sick
An employee 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 an employee to request holiday while off sick. An employer cannot force an employee to take holiday while off sick.
If the employer approves the employee's holiday request:
- sick leave can be paused while the employee takes holiday
- the employee should get holiday pay while they are on holiday
After the employee has taken the holiday, sick leave can continue if they're still not well enough to return to work.
If an employee is sick on holiday
An employee must report their sickness to their employer if they want to take any holiday as sick leave.
In this case the employee 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
Employees 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. Employees 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.
Employees 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.
An employee 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.