Can an employer prevent annual leave accruing during sickness absence?Posted in : First Tuesday Q&A NI on 2 October 2018
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  held that workers off on sick
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial 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
More on Absence and Sickness
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.