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
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