Converting Annual Leave to Sick Leave

Did you know that if you become ill during your vacation, UK workers can convert their annual leave to sick leave and reclaim their annual leave days? While this is an important right, there are potential drawbacks. One significant concern is that excessive sickness at work could lead to the termination of your employment contract. Nevertheless, if you reside in the UK, you do have this right. Below, you'll find the relevant legislation and two key European Court of Justice (ECJ) cases that set precedents for your rights.

Working Time Regulations 1998, Regulation 13, sections 14 & 15 state:

"14) Where, as a result of taking a period of statutory leave in any leave year, a worker is unable to take some or all of the annual leave to which the worker is entitled in that leave year under this regulation, the worker is entitled to carry forward such untaken leave into the following leave year.

(15) Where, as a result of taking a period of sick leave in any leave year, a worker is unable to take some or all of the annual leave to which the worker is entitled in that leave year under this regulation, the worker is entitled to carry forward such untaken leave into the following leave year provided it is taken by the end of the period of 18 months from the end of the leave year in which the entitlement originally arose.”

Under UK employment law, employees have a clear right to convert their annual leave into sick leave if they become unwell during their holiday. This principle is a fundamental legal entitlement, established by rulings from the ECJ, particularly the NHS Leeds v. Larner case. This legal precedent ensures that if a worker falls ill during their holiday, they can convert that period to sick leave and reschedule their annual leave.

The case of Stringer v. HMRC further clarified the distinction between the purposes of annual leave and sick leave. The ECJ emphasised that paid annual leave is intended for rest, relaxation, and leisure, contributing to the protection of a worker's health and safety. Conversely, sick leave is specifically meant for recovery from illness. The Court articulated that it would be inconsistent with the fundamental aim of annual leave to compel a sick person to take annual leave when their primary need is to recover. Therefore, workers are not required to take annual leave while on sick leave; they have the option to take it at a later date.

The ruling also clarified the right to take leave at a later date. If a worker is unable to take their four weeks of statutory annual leave within the designated leave year due to being on long-term sick leave, that leave is not lost. The worker must be allowed to take this leave at a later date, but it must be taken within 18 months.

More info via ACAS:

See 'If An Employee Is Sick While On Holiday' - https://www.acas.org.uk/checking-sick-pay/sick-pay-and-holiday-pay