UK employees are entitled to 28 days annual leave (5.6 weeks leave). If an employee is off sick for all or part of the year, should they carry over the 28 day equivalent or the 28 days under the Working Time Directive?

Posted in : First Tuesday Q&A NI on 6 June 2016
Chris Fullerton
Arthur Cox NI
Issues covered:

In Northern Ireland, the Directive is implemented domestically by the Working Time Regulations 2016 (the “Regulations”), which provide workers with the right to take 5.6 weeks' paid holiday in each leave year.

One important aspect to note about the Regulations in this context is that they provide that the first four weeks' statutory holiday may only be taken in the leave year in respect of which they are due. This would appear, it would seem, to prevent the carry-over of accrued holidays into a subsequent leave year. However, certain key decisions of the Court of Justice of the European Union altered this principle in the context of sickness absence. 

In summary, this EU case law

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

Back to Q&A's This article is correct at 06/06/2016

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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email

View all articles by Chris Fullerton