What is the limit on carryover holiday when an employee returns from sick leave?

Posted in : Seamus Says - Employment Law Discussion on 1 August 2019
Seamus McGranaghan
O'Reilly Stewart Solicitors
Issues covered:

Scott: An employee who has been offered long-term sick leave for several years is due to return to work. He has accrued approximately 80 weeks of annual leave, or has he? Can we apply statutory entitlement of 20 days, or must we apply the contractual entitlement of 25 days per annum, (which is actually 28 in statute). So where does that lie? There's a limit on what's carried over if someone's sick, though.

Seamus:  Yeah, I mean, it's like I said. And you tend to be, at maybe going back to 18 months or somewhere along the lines of it, and that there's only the statutory entitlement that you're carrying, if it's 20 days, rather than whatever the contract says. So the entitlement

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This article is correct at 01/08/2019

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Seamus McGranaghan
O'Reilly Stewart Solicitors

The main content of this article was provided by Seamus McGranaghan. Contact telephone number is 028 9032 1000 or email seamus.mcgranaghan@oreillystewart.com

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