Another Case on Long-Term Sick Leave/holiday pay

25th January 2012

Another Case on Long-Term Sick Leave and Holiday P

In the recent case of Fraser –v- Southwest London St George’s Mental Health Trust the Employment Appeal Tribunal (EAT) held that an employee on long-term sick leave must request annual leave to be entitled to payment for it. Therefore staff who remain on long-term sick leave, are not automatically entitled to holiday pay unless they request annual leave in the same way as say an employee who is not on sick leave.

Daven Naghen, head of our Employment Team commented as follows:-

“There have been a number of cases on this point, and now the EAT has clarified the matter. In essence employees on long-term sick, like employees who are not off sick, have to use it or lose it in terms of holiday – they must request it or else they lose the right to holiday pay. From a good relations point of view, an employer should ensure that its holiday policy and sickness policy include clear references to the fact that an employee on long-term sick leave will need to request holiday in the usual way or else the employee shall lose his or her entitlement to holiday pay.”

If you require any advice on this topic then please contact Daven on 01775 722261 or email daven.naghen@maplessolicitors.com or contact him at 23 New Road, Spalding, Lincolnshire PE11 1DH

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