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My employee has requested their annual leave be given back due to a period of illness through their holiday. Do I have to?

YES!

If an employee can prove (by way of a fit note from a medical professional) that they were unfit for work for all or part of their annual leave, they are entitled to re-take that annual leave at a later date. Of course, that means that they will be on sick leave for the specified period of time so rather than paying holiday pay, you would pay them according to Statutory Sick Pay rules and/or your own Company Sick Pay Scheme.

It’s also important to note that an employee in this situation may be entitled to carry that annual leave over to the following year even if your usual Company rules do not allow holiday to be carried over.

If you would like more information about this, please contact us by telephone on 01487 815720 or email [email protected]

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Keeping HR Simple Limited is a company registered in England and Wales with company number 6981705. The registered address is c/o Moore Thompson, Bank Chambers, 27A Market Place, Market Deeping, Peterborough, Cambs, PE6 8EA