Sickness & annual leave

Page updated: 20/02/2024

An employee, who falls sick while on holiday, must inform their line manager immediately in order for this time to be regarded as sick leave. It is also necessary to submit a GP’s ‘Fit Note’ confirming that they would not have been fit to attend work during the affected period of their annual leave.  For further information please see the Annual Leave and Holiday Pay Policy – Sickness and Holiday.

Employees who are ill during public holidays cannot re-claim this day as annual leave.

Taking Annual Leave During Sick Leave

Where an employee is absent due to long term sickness they may be able to use annual leave if they wish to do so. Use of annual leave during sickness absence is voluntary. A request for leave can be submitted in writing to the Line Manager.

If the employee takes annual leave while they are on sick leave they will receive their normal holiday pay rather than occupational sick pay for the days nominated. If the employee qualifies for statutory sick pay, it will continue to be paid during their annual leave. SSP will be offset against holiday pay.  Line Managers will need to ensure that Annual Leave is recorded for the employee by processing the leave days on the web based self service system ‘My View’ or documenting the leave taken on the relevant manual records.

Line Managers must advise the Absence Team in order for appropriate adjustments to be made to the employees pay.

Accrual of Leave During Periods of Sickness Absence

The first 4 weeks of continuous sickness absence will accrue annual leave at contractual holiday entitlement.  Any period of continuous sickness absence in excess of 4 weeks will accrue annual leave at the 5.6 weeks’ or 28 days (20 days plus 8 days bank holiday) statutory rate provided for under the Working Time Regulations 1998.  Any entitlement to annual leave will be pro rata for part time employees.

An Employee can carry over 28 days leave (to include bank holidays) if they have been unable to take the leave due to sickness absence in the leave year in which it accrued.

If the employment is terminated before an employee returns from sick leave, the individual will receive a payment in lieu of any accrued untaken statutory holiday entitlement.

Adjusting Annual Leave

Employees Annual Leave entitlement should be adjusted by the line manager, in accordance with the statutory rate provided for under the Working Time regulations 1998, (28 days per annum inclusive of the 8 bank holidays) for all continuous sickness absences in excess of 4 weeks. 

Please refer to the Long-Term Sickness Calculator spreadsheet to assist with this calculation.

Tab 1 – Sickness over 1 leave year, should be used when an employee has had in excess of 28 days continuous absence prior to their next birthday.

Tab 2 – Sickness over 2 leave years, should be used when an employee has had in excess of 28 days continuous and has celebrated a birthday during their long term sickness absence.

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