Working Time – holiday accrual whilst on long-term absence

Case Law 

NHS Leeds v Larner deals with the question of whether an employee on long – term sick should lose her paid annual leave if she has not requested to take it.

According to the EAT the answer is ‘no’. A worker who is absent for the whole of a leave year through sickness does not have to submit a request for the leave before the end of the relevant leave year.

KHS v Winfried Schulte is a European Case, in which the Advocate General has given his opinion that, where a worker is unable to take his/her annual due to long-term sickness absence, he/she accumulates the right to take that leave (or pay in lieu if his employment ends) on his return to work. The Advocate General however, is of the opinion, that it is not a breach of EU law to provide that the right to take such accrued leave  expires after a minimum period of 18 months following the return to work.

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Investing in Health & Safety is Good for Business

Work accidents and ill health can be expensive. Stopping them from happening will save you time and money. The smaller your business, the bigger the impact will be if a member of your staff has a serious accident or is off sick for an extended period of time. It could even put you out of business.

There are several important areas to consider when calculating the cost of ill health or accidents occurring within the workplace: –

  •  Absence
  • Replacement Staff & Recruitment Costs
  • Insurance and Compensation
  • Reputation Damage
  • Productivity and Efficiency

This is without considering the hefty fines being issued by the HSE….

Honest Employment Law Practice Ltd has the Health and Safety team in place to assist you in reducing these costs to a minimum.

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