Sickness absence and sick pay

New and updated

• Type:

  Employment law cases

  Sick leave: European court confirms holiday can be carried forward

  The European Court of Justice (ECJ) reiterated that if sickness prevents a worker from taking annual leave, his or her annual leave can be carried forward into the next holiday year. Bethan Odey summarises the case.

• Type:

  FAQs

  If an employee is on sickness absence during a bank holiday, are they entitled to be paid or to receive time off in lieu?

• Type:

  FAQs

  Can an employee take annual leave while on long-term sickness absence?

• Type:

  Letters and forms

  Letter inviting employee to attend meeting to discuss phased return to work following long-term sickness absence

  A model letter inviting an employee to attend a meeting to discuss a phased return to work following long-term sickness absence.

• Type:

  Letters and forms

  Letter inviting employee to attend follow-up meeting to discuss phased return to work following long-term sickness absence

  A model letter inviting an employee to attend a follow-up meeting to discuss a phased return to work following long-term sickness absence.

• Type:

  Employment law cases

  Carry-forward of annual leave not taken during sick leave subject to a time limit

  The Employment Appeal Tribunal has held that where an employee chooses not to take statutory annual leave during sick leave, he or she can carry forward the untaken annual leave for up to 18 months from the end of the leave year in which the leave arises.

• Type:

  FAQs

  Can an employee work elsewhere while on sickness absence?

• Type:

  FAQs

  Under the Agency Workers Regulations 2010, are agency workers entitled to the same contractual sick pay as direct recruits?

• Type:

  Employment law cases

  Annual leave: Extent of workers' right to carry over leave untaken because of long-term sickness considered

  In Sood Enterprises Ltd v Healy [2013] IRLR 865 EAT, the Employment Appeal Tribunal held that workers on long-term sick leave who have not taken their annual holiday entitlement may not carry over the additional 1.6 weeks' leave to which UK workers are entitled without an agreement to do so.

• Type:

  Tasks

  Benchmark your sick pay provision against that of other employers