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Q: Do staff accrue holidays whilst on long term sick?

Aug 15 2006

Answered by: Peter Done Ask a question

This is an interesting question because lawyers have played it safe in the past and advised employers to allow holiday to accrue during long-term sickness absence because there was uncertainty as to how the Working Time Regulations could be interpreted. However, that has all changed with a recent Court of Appeal decision in a case called ‘Kigass’. Now, unless you have promised to pay such holiday entitlement, the employee does not have the right to claim it and can only accrue Holiday Leave whilst in receipt of Statutory Sick Pay. Once their right to Statutory Sick Pay runs out, which is a maximum of 28 consecutive weeks, then they also lose the right to accrue holiday leave.

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