Workers can accrue holiday when on sick leave, says House of Lords
EMPLOYEES on long-term sick leave are entitled to take all holiday they have accrued when they return to work, the House of Lords ruled yesterday.
If workers were sacked or left a firm, they must receive holiday pay equivalent to the time they were unable to take while ill, the Law Lords added, in a decision which confirmed an earlier European Court of Human Rights ruling.
The verdict clears up years of dispute over whether holiday rights accrued are lost after prolonged illness. Critics said the ruling could deal a blow to many employers.
The ruling means that somebody who was away from work for two years could then be entitled to at least 40 days of leave, plus public holidays, observers said.