Can an employer prevent annual leave accruing during sickness absence?
Posted in : First Tuesday Q&A NI on 2 October 2018
Chris Fullerton
Arthur Cox NI
Employees are entitled to four weeks’ paid annual leave per leave year under Article 7 Working Time Directive (“basic annual leave”) and an additional 1.6 weeks under Article 16 of the Working Time Regulations (Northern Ireland) 2016 (“additional annual leave”). For full time workers this equates to 28 days. Any extra annual leave should be specified in the contract of employment (“contractual annual leave”).
Recent case law has confirmed that an employee will accrue annual leave entitlement under the Working Time Directive whilst off on sick leave, even if they are off on sick leave for the whole leave year. Most recently the ECJ in Stringer v HMRC [2009] held that workers off on sick
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More on Absence and Sickness
- Understanding Sick Leave: What It Is and How to Manage a Successful Return to Work
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- Is an employee entitled to a performance-related bonus when they are on long-term sick leave?
- Can you Conduct a Disciplinary Hearing While an Employee is off on Long-term Sick Leave?
- Can an Employee go off Sick While Suspended from Work?
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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 Chris.Fullerton@arthurcox.com
View all articles by Chris Fullerton