Working Time – holiday accrual whilst on long-term absence

July 20, 2011
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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