Search

How can we help?

Icon

Paid annual leave can still be carried over when sickness prevents a worker from taking it

The European Court of Justice has recently reaffirmed, in the case of in Sobczyszyn v Szkola Podstawowa w Rzeplinie, that where a worker is unable to take their annual leave before the end of the holiday year due to sickness they will be entitled to carry it over to the following holiday year.

Workers will, therefore, continue to accrue holiday entitlements during sick leave and be permitted to rearrange any pre planned holiday where it coincides with any sickness.  It makes no difference whether the leave has been scheduled or booked – if sickness prevents the worker from taking annual leave he or she must be allowed to take holiday at a later date following recovery.

This decision comes as no surprise, but once again highlights the conflict between UK law (Working Time Regulations which state that annual leave can only be taken in the year to which it relates) and European law/ECJ’s views on the European Working Time Directive.  Given the current political climate and the impending Brexit negotiations, such conflict is unlikely to be addressed by the UK government anytime soon.  That said, ECJ’s rulings all have legal force in the UK until the Brexit negotiations are complete and therefore, employers must still remain compliant with EU laws in the interim  and thus ensure employees are able to carry forward paid annual leave where sickness has prevented that worker from taking such leave.

Employmentbuddy.com 

Chambers and Partners

The Clarkslegal team are commercial and good to work with. They get what our business needs and tell me what I need to hear.

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 29 October 2026
  • Immigration

UK Immigration shake-up: More flexibility for skilled workers, but at what cost?

The UK Government has outlined further changes to its immigration system, with new measures affecting international graduates, sponsored workers, and businesses employing overseas talent.

art
  • 28 October 2026
  • Privacy and Data Protection

Remote working: 5 key data protection risks for employers

Remote working has become more prominent in modern business. While flexible working arrangements can improve productivity and employee wellbeing, they also create new data protection risks. Regardless of the physical location in which work is done, compliance with UK GDPR does not change.

art
  • 27 October 2026
  • Employment

Fire and Rehire update: Key changes delayed

The Government has published two documents giving key updates to the anticipated changes around ‘fire and rehire’ and restricted contractual variations, coming about as a result of the Employment Rights Act 2025 (“ERA 2025”). We now understand that these changes will now be delayed to March, rather than January 2027.

art
  • 26 October 2026
  • Corporate and M&A

Shareholders’ Agreements for Founders and Investors – SHA Series Part 3 of 5

A shareholders’ agreement is arguably one of the most valuable corporate governance agreements (along with articles of association) in any private UK company with more than one shareholder.

art
  • 23 October 2026
  • Litigation and dispute resolution

Section 172 Companies Act 2006: Key lessons from Saxon Woods v Costa

The Supreme Court’s decision in Saxon Woods v Costa UKSC 21 clarifies directors’ duties under Section 172 Companies Act 2006, confirming that good faith requires both honest belief and appropriate conduct.

art
  • 19 October 2026
  • Immigration

Right to Work Checks: Are UK businesses becoming immigration enforcement officers?

The UK’s Right to Work regime has undergone a significant expansion, with changes taking effect from 1 October 2026.