We have written previously about the rights of employees to accrue holidays when they are off work sick, and the issues around this (see for example here). The courts have however been inconsistent in their interpretation of the law and how it applies to people who become ill whilst on holiday, and to those who can’t enjoy their holiday due to becoming ill before their holiday starts.
We have heard that the Working Time Directive, which is the European source legislation, is to be amended from October 2012 to make it clear that employees who are sick when they are meant to be on holiday, or who cannot go on holiday due to sickness, will be entitled to reclaim their holiday and take it at another time, provided that any period of sickness is covered by a doctor’s note.
Perhaps the certainty will be welcome, even if the principle isn’t, but deciphering foreign doctor’s notes might be quite a challenge! We will of course update you as soon as we know more.
If you would like to talk through a situation you are dealing with, or if you need advice on any aspect of employment law, please contact any member of the Pure Employment Law team 01243 836840 or [email protected].