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Working time: Annual leave accrued during a year's sick leave can be carried over to next pay year

This report relates to 1 case(s)

In NHS Leeds v Larner [2011] IRLR 894 EAT, the EAT held that a worker who was absent for the whole leave year and who did not submit a request for annual leave before the end of the leave year was nevertheless entitled to carry over her leave entitlement into the following year.

Key points

  • An employee who was off sick for the whole of a leave year and who did not submit a request for annual leave during that time was “presumed not to have been well enough to exercise” her right to paid annual leave.