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
  • 18 June 2026
  • Corporate and M&A

Business sales and NDAs: Creating a safe space to open up your business

You have accepted an offer to sell your business, but taking an agreement in principle through to completion may involve the need to divulge your company’s private information – perhaps deep secrets which have given your business its competitive edge.  

art
  • 16 June 2026
  • Employment

Shaping the Future of Work: Insights from the 114th ILO International Labour Conference

Having recently returned from the 114th Session of the International Labour Conference in Geneva, I have been reflecting on the work of the International Labour Organisation (ILO) and the important role it plays in global standard setting, as well as promoting social and economic inclusivity.

art
  • 11 June 2026
  • Immigration

MAC report reveals who stays in the UK on the Skilled Worker Route – Key insights for employers

Key insights from the MAC report: Who stays in the UK on the Skilled Worker route? Essential findings and takeaways for employers.

art
  • 08 June 2026
  • Privacy and Data Protection

FAQs – Privacy Documentation

Clearly documenting and regularly reviewing data protection policies and procedures is paramount to demonstrating compliance with the UK GDPR. It is essential that such policies are communicated within an entity and staff are regularly trained on these.

art
  • 03 June 2026
  • Employment

Holiday Pay Record Keeping – What this new duty means for employers

The Employment Rights Act 2025 made certain changes to the rules around holiday records, which came into effect on 6th April 2026.

art
  • 03 June 2026
  • Corporate and M&A

Is your Company’s Register of Members accurate? The hidden risks of getting it wrong

Ensure your company’s Register of Members is accurate and compliant. Learn the legal risks, common mistakes, and how to protect your business from penalties.