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
Issues covered:

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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Back to Q&A's This article is correct at 02/10/2018

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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

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