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Sickness Absence and Holiday Pay
18/09/2013
In July 2012, the Court of Appeal ruled that an employee on long-term sick leave is entitled to carry holiday leave forward to the next year, even if no specific request had been made to do so.
The Employment Appeal Tribunal has recently held (in the case of Sood Enterprises v Healy) that, in the absence of an agreement to the contrary, the extra 1.6 weeks' annual leave to which UK workers are entitled under the Working Time Regulations does not carry over to the following year when a worker is on long-term sick leave.
In other words, when an individual is on long term sick leave, only four weeks' annual leave carries over automatically and not the full 5.6 weeks statutory holiday