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
  • 07 August 2026
  • Employment

ACAS Draft New Code on Disciplinary and Grievance Procedures

ACAS have published a draft Code on 30 July 2026, which will replace the 2015 ACAS Code on disciplinary and grievance procedures when the Code is finalised at the end of September 2026.

art
  • 06 August 2026
  • Privacy and Data Protection

The rise of the AI-powered individual: Is your business ready?

Artificial intelligence is changing the data protection landscape, but perhaps not in the way many organisations expected. Much of the discussion has centred on businesses adopting AI and ensuring they comply with the UK GDPR.

Pub
  • 06 August 2026
  • Employment

Employment law changes in 2026: What you need to know

With ongoing changes to UK employment law, staying updated is more challenging than ever. Join Monica Atwal and Harry Berryman for a live webinar covering 2026 HR changes and key employment law updates on Thursday 17 September.

Pub
  • 04 August 2026
  • Employment

From Opportunity to Employment: Building Inclusive Workplaces Together | Hosted by Breakthrough Supported Employment

Join Breakthrough Supported Employment for a live seminar on building inclusive workplaces at Malmaison Reading. Clarkslegal’s Lucy White will speak alongside industry experts, sharing insights on fostering diversity and creating equitable opportunities.

art
  • 04 August 2026
  • Litigation and dispute resolution

Advantages of arbitration over litigation

Arbitration is a method of resolving disputes outside the court system, with the dispute being determined by an independent arbitrator or tribunal rather than a judge. Whether a dispute is best resolved through arbitration or litigation will ultimately depend on the particular facts and circumstances of the case.

art
  • 04 August 2026
  • Immigration

Home Office revokes EU Settlement Scheme Status ‘Granted in Error’ – What does This Mean for EU Citizens?

Recent reports that the Home Office has begun revoking the immigration status of some EU nationals on the basis that it was originally “granted in error” have caused understandable concern among immigration practitioners and those with status under the EU Settlement Scheme (EUSS).