Can We Ask An Employee On Long-Term Sick Leave To Use Annual Leave?

Posted in : First Tuesday Q&A NI on 2 March 2021
Chris Fullerton
Arthur Cox NI
Issues covered: Working Time and Holidays; Sickness and Absence

Generally, employers can give notice to employees specifying dates on which their statutory holiday must be taken, in accordance with regulation 18(2) of the Working Time Regulations (Northern Ireland) 2016. This is provided that the employee is given twice the amount of notice of the length leave being requested.

On an initial reading, this suggests that employers could ask employees who are off on long-term sick leave to use holiday entitlement during their period of sick leave. This would often be appealing to employers when employees are receiving contractual sick pay and they do not want to have to make holiday payments to the employees after contractual sick pay entitlement has been

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Back to Q&A's This article is correct at 02/03/2021

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

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