Government issues guidance on the interaction between paid holiday and sick leave

The Government has published guidance on the interaction between paid holiday and sick leave ahead of possible amendments to the Working Time Regulations 1998 (SI 1998/1833) to deal with the decisions of the European Court of Justice (ECJ) in Stringer and others and Pereda. 

In Stringer and others v HM Revenue and Customs sub nom Commissioners of Inland Revenue v Ainsworth and others; Schultz-Hoff v Deutsche Rentenversicherung Bund [2009] IRLR 214 ECJ, the ECJ ruled that workers who are absent on sick leave still accrue minimum annual leave under the Working Time Directive (2003/88/EC), and on termination of the employment relationship, a worker who has been on sick leave and unable to take annual leave is entitled to a payment in lieu. In Pereda v Madrid Movilidad SA [2009] IRLR 959 ECJ, the ECJ ruled that a worker who is on sick leave during a period of previously scheduled annual leave has the right, on request and in order that the worker may actually use his or her annual leave, to take that leave during a period that does not coincide with the period of sick leave. 

  • The Government's guidance is available on the Department for Business, Innovation and Skills website. 

    • Also

    Holiday and holiday pay The XpertHR employment law manual sets out detailed legal guidance. 

    The XpertHR FAQs section includes a series of FAQs on holiday and holiday pay.