The interaction between sickness and annual leave has specific rules protecting workers' holiday rights.
Sick During Booked Holiday
The Right to Reclaim
Situation Right Sick during booked leave Can reclaim as holiday Take later When recovered SSP instead For sick days
How It Works
Step Action 1 Fall sick during holiday 2 Notify employer immediately 3 Provide evidence (if required) 4 Days treated as sick leave 5 Reclaim holiday for later
Notification
Requirement Detail Tell employer As soon as possible State you're sick Want to reclaim leave Same as normal absence Notification rules
Evidence
If Required What Fit note After 7 days Self-certification First 7 days Employer's policy May have rules
Which Leave Can Be Reclaimed?
Two Types of Leave
Type Reclaim Right 4 weeks (EU-derived) Yes - statutory right 1.6 weeks (UK additional) Depends on policy
Practical Impact
If Entitled to Reclaim 28 days total 20 days definitely, 8 per policy 25 days 20 days definitely, 5 per policy
Accruing Holiday While Sick
Statutory Position
While on Sick Leave Holiday Accrues As normal 5.6 weeks per year Continues Long-term sick Still accruing
Example
Employee off sick for 6 months:
Element Calculation Annual entitlement 28 days Monthly accrual 2.33 days 6 months 14 days accrued Plus any balance Before sick leave
Carrying Over Sick Leave Holiday
When Carry Over Applies
Situation Carry Over Right Couldn't take due to illness Yes - carries over Didn't take (choice) Normal rules Long-term sick Significant build-up
Time Limit
Rule Detail 18 months From year end To use leave Carried over After that May be lost
Example
| Holiday Year | Jan-Dec |
| Off sick | All year |
| 28 days accrued | Carry to next year |
| Must use by | 18 months from Dec 31 |
SSP and Holiday
Can You Take Both?
Position Rule Holiday during sick Get holiday pay, not SSP But... Why take holiday when sick? Better to Reclaim and take later
What to Choose
If Sick Usually Better To Short illness Just be off sick During holiday Reclaim holiday days End of year Consider position
Long-Term Sickness
Managing Accrued Leave
Issue Approach Significant accrual May build up On return Large balance Plan ahead Discuss with employer
Using Holiday on Return
Option Detail Take immediately Start with holiday Phased return Use some for transition Spread over time Take throughout year
Employer's Position
Can Employer Answer Force you to take during sick No Agree holiday dates Yes, reasonably Cap carry over (contractual) Limited, not statutory
Practical Scenarios
Scenario 1: Sick for 3 Days During Holiday
Situation Action 2-week holiday booked In June Sick for 3 days During holiday Notify employer When sick Outcome 3 days reclaimed
Scenario 2: Long-Term Sick Over Year End
Situation Holiday Position Off sick March-December 9 months Accrued 21 days Plus January-February 4.66 days Total 25.66 days to carry over
Scenario 3: Returning After Long Absence
| Return Date | January |
| Accrued from sick | 25 days |
| New year entitlement | 28 days |
| Total available | 53 days |
| Plan | Phased use |
Employer Policies
What Employers Can Do
Policy Validity Require notification Reasonable Request evidence For reclaim Set process For reclaiming Cap contractual carry over Not statutory portion
What They Cannot Do
Action Problem Refuse reclaim Unlawful Not accrue during sick Unlawful Remove statutory carry over Unlawful
Documentation
Keep Records Of
Record Purpose Sickness dates When off Notification That you informed Reclaim requests Holiday reclaimed Holiday balance Running total
In Case of Dispute
Good records help:
Prove notification given
Show dates concerned
Support any claim
Clarify position
Common Questions
"Can my employer refuse?"
If Reclaiming Position EU 4 weeks Must allow Extra 1.6 weeks Check policy Carry over Statutory right
"What about bank holidays?"
Bank Holidays Treatment Part of entitlement Yes If sick on bank holiday May reclaim (check policy) Depend on contract How bank holidays treated
"I was sick abroad"
Location Rules Same rules Apply abroad May need evidence From local doctor Notification Still required
Tips
For Employees
Tip Why Notify immediately Required for reclaim Get evidence Support your case Track accrual Know your balance Plan return Large balance management
For Employers
Tip Why Clear policy Everyone knows rules Track properly Accurate records Allow reclaims Legal requirement Plan for returns Large holiday balances
Frequently Asked Questions
Can I reclaim holiday if I'm sick during my booked leave? Yes, for the 4 weeks of EU-derived statutory leave. If you're sick during booked annual leave and follow proper notification requirements, you can reclaim those days and take them later. The extra 1.6 weeks may depend on employer policy.
Do I accrue holiday while on sick leave? Yes. You continue to accrue your statutory holiday entitlement (5.6 weeks) while on sick leave, including long-term sickness. This can result in significant accrued holiday to take when you recover.
Can I carry over holiday I couldn't take because of sickness? Yes. Holiday accrued during sickness that you couldn't take can be carried over - it shouldn't be lost due to illness. There's an 18-month deadline to take carried-over leave from when the holiday year ends. Disclaimer: This information is for general guidance only and does not constitute legal advice. Employment law is complex and changes frequently. For specific situations, consult ACAS, a qualified employment lawyer, or HR professional.