Going on Holiday While on Sick Leave 2026: Rules, Pay & Risks

Section A: Can an employee go on holiday while on sick leave?

An employee can travel while on sick leave if the activity is compatible with the reason they are unfit for work. Sickness absence does not require an employee to remain at home, avoid leisure activity or convert the period into annual leave.

Travel during sickness absence and taking statutory annual leave are legally different. An employee who travels may remain on sick leave throughout the trip. If the employee wants some or all of the period recorded and paid as annual leave, they need to submit a holiday request through the employer’s normal procedure.

The employer can approve or refuse the requested annual leave dates, but cannot force the employee to use annual leave instead of sickness absence. If annual leave is approved, sick leave can be paused for the agreed period and can resume afterwards if the employee remains unfit for work.

For wider context on employer duties relating to working time, rest and annual leave, see working time and rest and our overview of working time rules.

1. Does the employee’s condition prevent the proposed activity?

The nature of the condition does not determine the employee’s right to request annual leave. It does determine whether the proposed activity raises a legitimate concern about the sickness absence. The employer should compare the activity with the employee’s stated restrictions and the functional demands of their role.

For physical injuries or medical conditions, an inconsistency may sometimes be obvious. An employee signed off with a serious mobility restriction who books an activity-intensive holiday may prompt legitimate questions. Equally, many physical conditions prevent someone from working but do not prevent travel, rest or time away from home.

Mental health conditions often require particularly careful assessment. Employees signed off with stress, anxiety, depression or another mental health condition may be advised to take a break from their usual environment or spend time with family and friends. In some circumstances, a holiday may support recovery rather than undermine it. Employers who assume that travel automatically contradicts a mental health condition expose themselves to significant discrimination risk. For practical context, see signed off work with stress.

The employer should act where the evidence suggests a genuine inconsistency between the employee’s claimed incapacity and their activities, not because the employee has failed to conform to assumptions about how sickness absence should look.

2. Can an employer refuse annual leave during sickness absence?

An employer can refuse the dates requested under the normal annual leave procedure. Sickness absence does not remove the employer’s right to regulate when statutory holiday is taken.

The employer should not, however, use sickness absence as an automatic reason for refusal. A blanket policy creates avoidable risk because it may prevent a worker from using statutory leave, increase carry-over liabilities and produce discriminatory outcomes.

The normal notice rules apply unless the contract or another relevant agreement provides different arrangements. A worker generally gives notice at least twice the length of the leave requested. An employer refusing the request generally gives notice at least equal to the length of the proposed leave.

Any refusal should identify why the requested dates cannot be approved and how the worker will remain able to use the statutory entitlement.

3. What happens if a holiday was booked before the employee went off sick?

One of the most common practical scenarios arises where an employee books a holiday and subsequently goes off sick before the holiday takes place. Employers often assume the holiday should automatically remain annual leave, but the legal position is more nuanced.

If an employee becomes sick before or during pre-booked annual leave, they can ask for the affected period to be treated as sickness absence instead. The employee should follow the employer’s sickness reporting procedure and provide any evidence reasonably required.

The employee can instead choose to continue treating the period as annual leave. The employer should record that decision in writing because it determines the absence record, pay treatment and remaining holiday balance.

Where the period is reclassified as sickness absence, the affected annual leave remains available to be taken later, subject to any relevant carry-over rules.

4. What should the employer establish?

Before responding, the employer should establish:

• whether the employee is merely travelling or requesting annual leave
• which dates the employee wants treated as annual leave
• how the period will be recorded and paid
• whether the proposed activity raises an evidence-based concern about the sickness absence
• what contact, reporting or medical evidence will be required while the employee is away

The decision should then be confirmed in writing. Ambiguity about the status of the absence is a common cause of payroll errors and later disputes.

Section B: How should employers handle a holiday request during sick leave?

An annual leave request made during sickness absence should be handled through the employer’s normal holiday procedure. The employee does not have an automatic right to the requested dates, but the employer should not refuse simply because the employee is already off sick.

The employer should also determine whether the proposed activity raises a separate concern about the employee’s incapacity, conduct or compliance with the sickness policy. Approval of annual leave does not prevent the employer from investigating a genuine inconsistency.

1. Are employers required to approve holiday requests during sick leave?

An employer is not legally obliged to approve every holiday request made by an employee on sick leave. Employers retain the right to control the timing of annual leave, including during sickness absence, provided that control is exercised within the boundaries of the Working Time Regulations 1998 and does not prevent the employee from taking their statutory entitlement.

An employer should not refuse leave in a way that prevents an employee from taking their statutory holiday entitlement altogether, either in the current leave year or, where applicable, through lawful carry-over. In practice, employers should be cautious about refusing requests from employees on long-term sickness absence without a clear plan for how statutory leave will be taken.

An employer can refuse the requested dates under the normal annual leave procedure, including where the employee has not given the required notice or the timing creates an identifiable operational issue. The employer should explain the decision and ensure that the worker remains able to take or carry over the statutory entitlement.

Long-term sickness requires closer management because repeated refusal may leave the worker unable to use the protected statutory entitlement. The employer should identify when the leave can be taken or ensure that the correct amount is carried over.

2. How should employers assess any concern about the sickness absence?

The employer should assess the annual leave request and the sickness concern as related but separate issues. The request should follow the normal holiday procedure. Any concern about the sickness absence should be based on evidence that the proposed activity conflicts with the employee’s stated restrictions or ability to perform their role.

The employer does not need a full diagnosis to manage the issue. It needs sufficient information about the employee’s functional restrictions, likely duration of incapacity and whether the proposed activity is compatible with recovery.

A fit note confirming that an employee is unfit for work does not automatically mean that a holiday would be inconsistent with medical advice. Many conditions, particularly stress-related conditions, do not prevent travel or restorative activities. Employers who treat the absence of detailed restrictions as evidence of abuse risk acting unreasonably.

Where the available information does not resolve the concern, the employer should ask the employee for an explanation and consider occupational health advice. Any medical enquiry should be limited to information relevant to fitness for work, recovery and workplace adjustments.

3. How should the period be recorded and paid?

If the employee remains on sick leave while travelling, the normal statutory and contractual sick pay rules continue to apply. Travelling abroad does not itself end SSP entitlement where the employee remains genuinely incapable of work and satisfies the other qualification conditions.

If the employer approves annual leave during sickness absence, sick leave can be paused for the agreed dates and the employee should receive holiday pay for that period. The employee should not ordinarily receive a separate SSP payment in addition to holiday pay for the same days, although the employer should check any contractual sick pay or top-up provisions.

After the annual leave ends, sickness absence can resume if the employee remains unfit for work. The employer should confirm the dates, absence status and pay treatment in writing before payroll is processed.

Holiday pay should be calculated under the applicable statutory rules, including any required variable pay elements. HR and payroll records should show the same absence classification and dates.

Employers should also retain the prescribed records of holiday taken, holiday carried over and holiday pay, in accordance with record-keeping requirements that have applied since 6 April 2026.

4. How does contractual sick pay affect the position?

Contractual sick pay schemes can impose notification, evidence and conduct requirements beyond the statutory SSP rules. Employers should check the contract and sickness policy before deciding how travel or annual leave affects enhanced sick pay.

A scheme may provide that contractual sick pay stops when annual leave begins, continues as a top-up or can be withheld where the employee breaches a reasonable reporting requirement. The employer should apply the wording consistently and avoid withholding contractual pay on grounds not supported by the scheme.

5. What notification and medical evidence can the employer require?

There is no general statutory requirement for an employee to obtain permission before travelling abroad while on sick leave. The employer can require compliance with reasonable sickness reporting, contact and evidence procedures.

A policy can require notification of overseas travel where this supports welfare contact, occupational health arrangements, medical appointments or return-to-work planning. A failure to notify should not automatically be treated as misconduct unless the requirement was clear, reasonable and relevant to managing the absence.

The employer can request reasonable evidence of continuing incapacity while the employee is overseas. A non-UK medical certificate should not be rejected solely because it was issued abroad, although the employer can request a translation or clarification where necessary.

Section C: What are the risks if employers get this wrong?

When disputes arise over employees going on holiday while on sick leave, the legal and commercial consequences for employers often far exceed the original issue. In most cases, the risk does not stem from the employee’s conduct but from how the employer responds. Missteps at this stage can escalate quickly into claims that are costly, time consuming and reputationally damaging.

1. Unlawful denial of statutory holiday rights

Workers continue to accrue statutory annual leave during sickness absence. If sickness prevents a worker from using protected leave, statutory carry-over rules apply. Employers that fail to record or preserve the correct entitlement risk an unlawful deduction claim or an incorrect payment in lieu when employment ends.

The financial exposure usually arises through unpaid holiday pay, an unlawful deduction claim or an incorrect termination payment. The liability can increase where holiday balances have been carried forward over more than one leave year.

These claims are often brought alongside other causes of action, increasing both complexity and exposure. Employers should also recognise the longer-term liability that can arise when accrued holiday becomes payable on termination. For related risk context, see holiday entitlement when leaving a job.

2. Discrimination and disability-related risk

A physical or mental condition can amount to a disability where it has a substantial and long-term adverse effect on normal day-to-day activities. Before refusing a request, questioning the employee’s conduct or starting disciplinary action, the employer should check whether the response could amount to discrimination arising from disability or create a need for reasonable adjustments.

Not every episode of stress or ill health will meet the legal definition of disability. However, where a condition has a substantial and long-term adverse effect on normal day-to-day activities, disability protections may apply and employers should not assume otherwise without proper assessment. Employers should also consider whether workplace changes are required to support recovery and return to work. See reasonable adjustments and failure to make reasonable adjustments.

Mental health cases often create particular risk. An employer who treats a holiday as evidence of dishonesty without considering whether the activity may support recovery risks reaching an unlawful conclusion. The same danger arises where decisions are based on assumptions, workplace gossip or limited information rather than medical evidence and a proper assessment of the facts.

Discrimination compensation is not subject to the statutory cap that applies to ordinary unfair dismissal. An evidence-free allegation that the employee is exaggerating a mental health condition can therefore create materially greater exposure than the original absence issue.

3. Constructive dismissal and breakdown of trust

Repeated, intrusive or unreasonable handling of sickness absence can contribute to a fundamental breach of the implied term of trust and confidence.

An employee pursuing constructive dismissal would need to establish a fundamental breach and show that they resigned in response to it, so while a single disagreement about holiday dates will not ordinarily be enough, a wider pattern of unsupported accusations, inconsistent treatment or disregard for medical evidence can materially weaken the employer’s position.

Section D: Can an employee be disciplined for going on holiday while on sick leave?

Going on holiday while on sick leave is not misconduct in itself. Disciplinary action requires evidence of dishonesty, breach of a reasonable policy or conduct materially inconsistent with the employee’s claimed incapacity. The key issue is not whether the employee went on holiday, but whether their conduct undermines the legitimacy of the sickness absence or breaches contractual or workplace obligations in a way that can be objectively justified.

The employer should focus on what the activity shows about the employee’s ability to perform their role, the accuracy of the information provided and compliance with absence procedures. Travel alone does not establish that the employee was fit for work.

1. When does holiday during sick leave justify disciplinary action?

Disciplinary action can be justified where the evidence shows that the employee fabricated or exaggerated the incapacity, provided false information, breached a clear reporting requirement or carried out activity that directly contradicts stated medical restrictions.

This can arise where the nature of the holiday is plainly inconsistent with the medical basis for the sickness absence or where the employee has provided false or misleading information about their condition. For further context on evidential indicators and safe handling, see malingering employee faking illness.

For example, an employee who claims to be unable to perform a particular physical function but is shown undertaking a directly comparable or more demanding activity may have a case to answer.

If the issue is the employee’s continuing inability to perform the role rather than dishonesty or a policy breach, the employer should use a capability or long-term sickness procedure rather than recasting the absence as misconduct.

Employers should be careful not to equate suspicion with proof. A holiday that appears inconsistent at first glance may still be medically justified. The absence of detailed restrictions on a fit note does not amount to evidence of dishonesty and employers should not infer misconduct simply because an employee appears well enough to travel.

2. Can employers discipline or dismiss employees during sick leave?

An employee can be lawfully disciplined or dismissed during a period of sickness absence provided the employer acts reasonably and follows a fair procedure. There is no legal requirement to postpone disciplinary action indefinitely simply because the employee is absent due to illness.

Procedural fairness remains critical. Employers should give the employee a reasonable opportunity to participate in the process, taking account of their health and medical circumstances. This may involve adjusting meeting arrangements, permitting representation, postponing hearings where medically necessary or accepting written submissions. Employers should ensure their approach aligns with a fair and consistent disciplinary framework. See disciplinary procedures.

Dismissal during sick leave carries additional risk where the underlying condition may amount to a disability. Employers should ensure that disciplinary decisions are not influenced by the illness itself and that reasonable adjustments to the process have been considered. Failure to do so can render an otherwise lawful dismissal unfair or discriminatory.

Where dismissal is being considered, the reason for dismissal and the process followed should be robust, proportionate and properly documented. See dismissing an employee for related employer considerations.

Ordinary unfair dismissal protection remains subject to the applicable qualifying-service requirement, while disability discrimination claims do not require minimum service.

3. How should employers investigate suspected abuse safely?

Where an employer suspects that an employee has abused sick leave by going on holiday, the investigation should be proportionate and evidence based. The objective should be to establish facts rather than confirm suspicions.

Employers should begin by seeking the employee’s explanation. There may be legitimate reasons for the holiday, including medical advice, pre-booked arrangements or personal circumstances that are not immediately apparent. Moving directly to disciplinary action without first seeking an explanation is likely to attract criticism if the matter later reaches a tribunal.

The investigation should establish the source and reliability of the evidence, obtain the employee’s explanation and compare the activity with the actual demands of the role. Occupational health input can assist where the medical compatibility of the activity remains unclear.

Medical reports normally require the employee’s consent. Health information should be limited to what the employer needs to assess fitness for work, prognosis, restrictions and adjustments.

4. Can employers rely on social media evidence?

Social media content can justify further enquiries but should not determine the outcome on its own. A photograph or video records a moment, not the employee’s overall functional capacity or ability to perform their role.

The employer should preserve the material, verify its source, put it to the employee and consider the explanation alongside medical and occupational health evidence. Public availability does not remove the need to use personal information fairly and proportionately.

Covert monitoring should be reserved for exceptional cases involving a serious and evidenced concern. Routine surveillance of an employee on sick leave is likely to be disproportionate and can damage the fairness of the investigation.

Section E: What about holiday accrual and carry-over during sick leave?

Holiday accrual and carry-over during sickness absence is an area where employers frequently underestimate their potential exposure. Mistakes often remain hidden until employment ends or a dispute arises, at which point the financial consequences can be significant. Understanding how statutory holiday entitlement operates during periods of sickness absence is therefore an important part of absence management and employment law compliance.

1. Does holiday continue to accrue during sick leave?

Statutory holiday continues to accrue throughout sickness absence, regardless of its length or whether the employee remains entitled to sick pay.

For regular-hours, full-year workers, the full 5.6 weeks of statutory holiday continues to accrue. Enhanced contractual entitlement is governed by the contract or holiday policy, provided the statutory minimum is preserved.

Separate statutory calculation rules apply to qualifying irregular-hours and part-year workers for leave years beginning on or after 1 April 2024. Employers should not calculate their sickness-related accrual in the same way as entitlement for regular-hours workers.

2. When does sickness-related carry-over apply?

Sickness-related carry-over applies where sickness prevented the worker from taking statutory leave. It does not automatically protect every unused day because the worker was absent at some point during the leave year.

A regular-hours, full-year worker can carry over up to four weeks of statutory leave. An irregular-hours or part-year worker can carry over up to 5.6 weeks of accrued statutory leave. The carried-over leave should be used within 18 months from the end of the leave year in which it accrued.

Any entitlement above the statutory minimum depends on the contract or holiday policy. Employers should record statutory and enhanced leave separately so that the correct carry-over and expiry rules can be applied.

3. How should employers control carry-over liability?

Employers should record the type of leave carried over, the leave year in which it arose and the statutory expiry date. A single undifferentiated holiday balance makes it difficult to identify which days are protected and when they expire.

Policies should distinguish between:

• the four weeks of protected leave for regular-hours workers
• the wider statutory entitlement for irregular-hours and part-year workers
• the additional 1.6 weeks for regular-hours workers
• any enhanced contractual entitlement

Managers should also remind employees on long-term sick leave that they can request annual leave during the absence. Active management reduces the risk of large balances accumulating unnoticed until return or termination.

Summary

An employee can travel while off sick and can separately request annual leave during sickness absence. Travel does not automatically end sickness absence or SSP entitlement, and the employee does not have to convert the period into annual leave.

Employers retain control over annual leave dates and can refuse a request under the normal holiday procedure. They should not use sickness absence as an automatic reason for refusal or force the employee to take holiday. Where annual leave is approved, the employer should confirm the dates, pause sickness absence for that period and apply holiday pay.

Travel or leisure activity is not misconduct in itself. Further action requires evidence of dishonesty, a policy breach or conduct materially inconsistent with the employee’s claimed incapacity. Employers should investigate before reaching conclusions and consider disability, medical confidentiality and procedural fairness throughout.

Statutory holiday continues to accrue during sickness absence. Employers should apply the correct carry-over rules for regular-hours, irregular-hours and part-year workers and record each category of leave separately.

Need Assistance?

Holiday during sickness absence can create immediate questions about pay, medical evidence, disciplinary action and disability risk. DavidsonMorris advises employers on handling individual cases, reviewing sickness policies and resolving disputes before they escalate.

For specialist advice on a specific employee situation, contact us, or book a fixed-fee telephone consultation to discuss a specific issue or query.

Going on Holiday While on Sick Leave FAQs

Can an employee legally go on holiday while on sick leave?

Yes. An employee can travel while on sick leave if the activity is compatible with the reason they are unfit for work. The employee can also request annual leave during sickness absence, but travel does not itself require the period to be converted into annual leave.

Can an employer refuse a holiday request if the employee is signed off sick?

Yes. Employers retain the right to control annual leave dates and can refuse a request under the normal holiday procedure. Sickness absence should not operate as an automatic reason for refusal, and the employer should ensure the worker remains able to use or carry over the statutory entitlement.

How should employers assess travel during sickness absence?

Employers should compare the activity with the employee’s stated restrictions and the actual demands of their role. Where a genuine inconsistency arises, the employer should seek an explanation and consider medical or occupational health evidence before taking action.

Does taking holiday affect sick pay?

If the employee remains on sick leave while travelling, the normal sick pay rules continue to apply. If annual leave is approved and sickness absence is paused, holiday pay should apply for the agreed period. Contractual sick pay schemes should be checked for any enhanced or top-up entitlement.

Does travelling abroad automatically end entitlement to Statutory Sick Pay?

No. Travelling abroad does not itself end SSP entitlement. The employee must remain genuinely incapable of work and continue to satisfy the normal statutory conditions.

What if an employee becomes sick before or during a holiday?

An employee who becomes sick before or during annual leave can ask for the affected period to be treated as sickness absence. The employee should comply with the employer’s reporting procedure and provide any evidence reasonably required. The annual leave can then be taken later, subject to the carry-over rules.

Do employees continue to accrue holiday while on sick leave?

Yes. Statutory holiday continues to accrue throughout sickness absence. Separate calculation rules apply to irregular-hours and part-year workers.

Can unused holiday be carried over if an employee is off sick?

Where sickness prevented the worker from taking statutory leave, a regular-hours full-year worker can carry over up to four weeks. An irregular-hours or part-year worker can carry over up to 5.6 weeks of accrued statutory leave. The protected leave should be used within 18 months from the end of the leave year in which it accrued.

Can employees be disciplined for going on holiday while on sick leave?

Going on holiday while on sick leave is not misconduct in itself. Disciplinary action requires evidence of dishonesty, breach of a reasonable policy or conduct materially inconsistent with the employee’s claimed incapacity. The employer should investigate and obtain the employee’s explanation before reaching a conclusion.

Do employees have to tell their employer if they are travelling abroad while on sick leave?

There is no general statutory requirement to obtain permission before travelling abroad while off sick. An employer can require compliance with reasonable notification and contact procedures and can request medical evidence in accordance with the statutory rules and any applicable contractual sick pay scheme.

Can an employer rely on holiday photographs or social media posts as evidence?

Social media content can justify an investigation but should not determine the outcome by itself. The employer should verify the material, obtain the employee’s explanation and assess it against the medical evidence and demands of the role.

What medical evidence can an employer request if an employee is abroad?

Employers can request reasonable evidence of continuing incapacity. A non-UK medical certificate should be considered on its substance and can be translated or clarified where necessary. It should not be rejected solely because it was issued overseas.

How should employers handle concerns about misuse of sick leave?

The employer should preserve the evidence, seek the employee’s explanation and compare the activity with the stated medical restrictions and role requirements. Occupational health input can assist where medical compatibility remains unclear. Disciplinary action should follow only where the evidence supports a case of dishonesty or policy breach.

Can an employer force an employee to take annual leave while off sick?

No. The employee chooses whether to request annual leave during sickness absence. The employer cannot require sickness absence to be converted into holiday.

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