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Sick Workers can carry over annual leave but limit applies
The Employment Appeal Tribunal (EAT) has held that the Working Time Directive does not require workers on sick leave to demonstrate that they are physically unable to take annual leave in order to carry over accrued unused statutory holiday to a subsequent leave year. It is sufficient that they are absent on sick leave and do not choose to take annual leave during that period.
However, the EAT also held that the right to carry over leave is not unlimited. It held that the Directive only requires (at most) that workers on sick leave can take annual leave within a period of 18 months of the end of the leave year in which it accrues. Consequently, regulation 13(9) of the Working Time Regulations 1998 is to be read as permitting a worker to take annual leave within 18 months of the leave year in which it accrues where they are unable or unwilling to take it because they are on sick leave. Given the wider importance of the issues and the evolving nature of the case law, the parties have been given leave to appeal to the Court of Appeal. (Plumb v Duncan Print Group Ltd UKEAT/0071/15.)