Workers Can Defer Sick Leave If Ill on Holiday

In a judgement that will be of concern to many employers, the European Court of Justice has decided that those employees who become ill whilst taking their holiday entitlement under the Working Time Directive will be entitled to instead treat that holiday entitlement as sick leave and defer such holiday entitlement to a later date.

The ruling technically only applies to employees in the public sector at present although private sector employees will benefit in the same way if the UK Working Time Regulations are amended to comply with this latest European ruling as anticipated.

We can only watch and wait but the implications for employers could be serious.