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

Section A: When can an employee legally go on holiday while on sick leave?

For employers, the starting point should always be the legal position rather than assumptions about what sick leave should look like. UK employment law does not treat sickness absence as a period during which all other statutory rights are suspended. Employees continue to retain important rights during periods of illness, including rights relating to annual leave. Understanding where those rights begin and where employer control remains lawful is often the difference between effective absence management and unnecessary legal risk.

From a legal standpoint, an employee can go on holiday while on sick leave if they choose to do so and request annual leave in accordance with the Working Time Regulations 1998. There is no statutory rule preventing an employee who is signed off sick from taking holiday, travelling abroad or engaging in activities that are consistent with their condition and recovery. This applies whether the sickness absence is short term or long term.

The legal framework recognises that sickness absence and annual leave serve different purposes. Sick leave allows an employee time away from work because they are unfit to perform their duties. Annual leave exists to provide rest, leisure and protection of health and safety over time. Although these purposes are different, they are not mutually exclusive. An employee may be unable to work while still being capable of travelling or taking a holiday.

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 type of illness matter?

Although entitlement to annual leave does not depend on the nature of the illness, the condition remains highly relevant when employers assess requests and manage risk. The key question is whether the proposed holiday appears inconsistent with the reason the employee is unfit for work.

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 burnout 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.

What matters legally is whether the holiday undermines the credibility of the medical position, not whether it conflicts with assumptions about how a sick employee should spend their time.

2. Can employers lawfully prevent holidays during sick leave?

Many employers assume they can prohibit holidays during sickness absence through policy wording alone. That approach is risky. While employers retain control over the timing of annual leave, they cannot impose a blanket ban on employees taking statutory holiday simply because they are off sick.

Under the Working Time Regulations, employers should not prevent employees from exercising their statutory holiday rights. Policies that automatically prohibit annual leave during sickness absence, without any individual assessment, are vulnerable to challenge. The same applies to unwritten practices that have the practical effect of preventing employees from taking leave.

Employers are not powerless. Holiday requests can still be managed through normal procedures, notice requirements and legitimate operational considerations. The distinction is that sickness absence is not, by itself, a lawful reason to prevent an employee from taking statutory annual leave.

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.

Employees who are sick before a period of annual leave are generally entitled to take the time as sick leave instead, provided they comply with the employer’s sickness reporting procedures and any reasonable evidential requirements. In effect, the annual leave can be preserved for use at a later date.

Equally, an employee may decide that they still wish to take the holiday as annual leave. This is often the case where travel arrangements are already in place or where the holiday is considered beneficial to recovery. The decision will frequently have implications for pay, record-keeping and absence management, so employers should ensure that the employee’s intentions are clearly documented.

Pre-booked holidays often involve overseas travel, cancellation costs and practical considerations that go beyond the legal position. A consistent process for recording decisions helps avoid disputes later.

4. What employers should decide at this stage

When an employee requests to go on holiday while on sick leave, employers should make an active decision rather than defaulting to approval or refusal. The assessment should focus on whether granting the request would interfere with statutory holiday rights, whether the proposed holiday appears consistent with the medical basis of the absence and whether there are legitimate operational reasons for regulating the timing of leave.

Many disputes arise because employers focus on the fact that the employee is absent rather than on the legal rights involved. Automatic refusals create risk under working time law. Automatic approvals can undermine absence management and create inconsistency. The most defensible approach is a documented assessment based on the circumstances of the individual case.

Section B: What must an employer do when an employee requests holiday during sick leave?

When an employee requests to take holiday while on sick leave, the employer’s legal exposure is shaped less by the outcome of the decision and more by how that decision is reached. UK employment law expects employers to exercise judgement, not rely on blanket rules or assumptions. A failure to do so is what typically leads to tribunal claims, particularly where mental health or long-term absence is involved.

The law does not require employers to automatically approve holiday requests during sick leave. However, it does require employers to assess those requests lawfully, proportionately and in a way that does not unlawfully interfere with statutory holiday rights. Refusal is not prohibited, but unjustified refusal may be, particularly where it prevents an employee from exercising statutory leave rights.

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.

The key restriction is outcome based. 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.

Refusals should be capable of justification, for example by reference to genuine operational constraints, the need to coordinate absence cover or a legitimate compliance concern about how the request has been made. Employers should avoid relying on business needs as a catch-all explanation without identifying why the specific request cannot be accommodated and how statutory leave will still be taken.

2. How should employers assess whether a holiday request is legitimate?

The assessment should focus on evidence rather than suspicion. Employers are entitled to consider whether the proposed holiday is consistent with the reason the employee is unfit for work. This does not require full medical disclosure, but it does involve engaging sensibly with the information already available, including the fit note, duration of absence and previous communication about recovery. For practical guidance on interpreting fit notes, see fit note guidance for employers.
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 genuine uncertainty exists, employers should seek clarification where appropriate. This may involve asking the employee whether the holiday is compatible with recovery or, in longer-term cases, considering an occupational health referral. Employers should avoid surveillance, assumptions or informal evidence gathering that could later be criticised as intrusive or discriminatory.

3. Should sick leave be paused and holiday pay applied?

Where an employee elects to take annual leave during a period of sickness absence, that period is treated as annual leave and paid accordingly rather than being treated solely as sickness absence. This has practical payroll and cost implications. Employers should ensure payroll teams understand when statutory sick pay or contractual sick pay ceases to apply and when holiday pay applies instead. Where holiday pay calculations include variable elements such as overtime, errors can create back pay risk. See holiday pay on overtime for related considerations.

Employers should also recognise that travelling or taking a holiday does not automatically end entitlement to Statutory Sick Pay. Eligibility depends on the SSP rules and the employee’s continuing incapacity for work rather than the fact that travel has taken place. Employers should therefore avoid assuming that overseas travel automatically removes entitlement to sick pay.

The employee cannot receive both statutory sick pay and holiday pay for the same period.

Once the holiday period ends, sickness absence can resume if the employee remains unfit for work. Employers should avoid treating the holiday itself as evidence that the employee is fit to return unless there is clear medical support for that conclusion.

At this stage, employers should document the decision and rationale, including how statutory rights were considered, how medical consistency was assessed and what operational factors were weighed. Good record keeping is often central to defensible decision making. See employer record-keeping under working time law.

4. How does contractual sick pay affect holiday requests?

Many employers focus on statutory sick pay when considering holiday during sickness absence, but contractual sick pay arrangements often create the more significant practical issues. While statutory holiday rights are governed by legislation, contractual sick pay schemes may contain additional rules concerning eligibility, interaction with annual leave and notification requirements.
Employers should therefore review the wording of their sickness absence policies and employment contracts before making decisions. Some schemes contain provisions dealing specifically with annual leave during periods of sickness absence, while others are silent on the issue.
Annual leave, statutory sick pay and contractual sick pay do not always operate in exactly the same way. Payroll, HR and line managers should therefore ensure that decisions are consistent with both statutory obligations and contractual arrangements. Careful review at this stage can prevent disputes about entitlement, pay and record keeping later.

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

One of the most significant risks is unlawfully preventing an employee from taking their statutory holiday entitlement. Under the Working Time Regulations, employees are entitled to a minimum of four weeks’ paid annual leave each leave year, and employers should not take steps that have the practical effect of denying that entitlement. Where an employee is unable to take this statutory leave because of sickness, the law provides carry-over protection in defined circumstances.

Claims arising from breaches of the Working Time Regulations can result in backdated holiday pay, compensation and legal costs. 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

Sickness absence involving mental health conditions, chronic illness or long-term impairment may engage the Equality Act 2010. Employers who refuse holiday requests or discipline employees based on assumptions about illness risk claims for direct discrimination, indirect discrimination, discrimination arising from disability or failure to make 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 claims are uncapped. Even where an employer believes it is acting to protect legitimate business interests, an adverse tribunal finding can create substantial financial and reputational consequences.

3. Constructive dismissal and breakdown of trust

Heavy handed or inflexible handling of holiday during sick leave can undermine the implied duty of trust and confidence. Employees who feel their illness is being questioned, monitored or used against them may resign and pursue claims for constructive unfair dismissal.

These claims rarely arise from a single decision. More commonly, they develop from a pattern of behaviour, such as repeated refusals without explanation, intrusive questioning, inconsistent treatment or decisions based on assumptions rather than evidence. Once trust has broken down, even decisions that might otherwise have been defensible can become far more difficult to justify before a tribunal.

Beyond legal liability, there are wider operational consequences. Mishandling sickness absence and holiday issues can damage morale, increase attrition and discourage employees from being open about health concerns. In sectors where recruitment and retention are ongoing challenges, these effects can create significant cost and management pressures. It can also weaken absence management processes where employees perceive decisions as arbitrary rather than consistent and evidence based. Where absence metrics form part of a wider attendance strategy, those tools should support fair decision-making rather than assumptions about misconduct. See absence management for related considerations.

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

Employers often assume that an employee going on holiday while on sick leave automatically amounts to misconduct. That assumption is legally dangerous. UK employment law does not treat holiday during sick leave as wrongdoing in itself. Disciplinary action is only likely to be justified where there is evidence that the employee has acted dishonestly, misrepresented their condition or breached a reasonable management instruction.

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.

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

Disciplinary action may be justified where going on holiday provides credible evidence of malingering or dishonesty. This may 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 signed off with a condition that expressly restricts travel or physical activity may struggle to explain a holiday that directly contradicts those restrictions. Equally, an employee who claims to be incapacitated but is found engaging in activities that clearly demonstrate an ability to perform their normal duties may face legitimate disciplinary scrutiny.

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.

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.

In longer-term absence cases, an occupational health assessment may assist in determining whether the holiday is compatible with the employee’s condition. Employers should avoid covert surveillance or informal monitoring practices that may create privacy concerns and damage trust.

4. Can employers rely on social media evidence?

Social media frequently becomes a source of concern when employees on sick leave post photographs, videos or updates from holidays. Employers often assume that social media content provides clear evidence that an employee is not genuinely ill. In practice, the position is rarely that straightforward.

A photograph showing an employee on a beach, at a restaurant or participating in a social activity does not automatically demonstrate that they are fit for work. Social media content usually captures isolated moments and rarely provides the wider medical context. An employee signed off with stress, anxiety or another mental health condition may be capable of travelling or socialising while still being medically unfit to perform their role.

Employers should therefore treat social media as a potential source of information rather than conclusive evidence of misconduct. Any concerns should be investigated alongside medical evidence, the employee’s explanation and the circumstances of the absence. Decisions based solely on social media posts are significantly more vulnerable to challenge than decisions supported by a broader assessment of the available evidence.

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?

Employees continue to accrue statutory annual leave while on sick leave regardless of the length of their absence. This applies throughout periods of short-term and long-term sickness absence and is not dependent on attendance at work.

Employees continue to accrue their full statutory annual leave entitlement during sickness absence, including both the four weeks of leave provided under Regulation 13 of the Working Time Regulations and the additional 1.6 weeks provided under Regulation 13A. Employers may apply different rules to carry-over and contractual holiday entitlement, but statutory leave continues to accrue throughout periods of sickness absence.

Enhanced contractual holiday entitlement above the statutory minimum may be treated differently depending on the wording of the employment contract or workplace policy. Employers should therefore distinguish carefully between statutory entitlement and any additional contractual entitlement when calculating accrual and termination payments.

2. When must unused holiday be carried over?

Where an employee has been unable to take statutory annual leave because of sickness absence, the law provides protection against losing that entitlement. Employees who have been prevented from taking statutory leave due to illness are entitled to carry forward qualifying leave into a subsequent leave year.

The Working Time Regulations expressly preserve carry-over rights where statutory leave cannot reasonably be taken because of sickness absence. This protection exists because illness may prevent an employee from benefiting from annual leave in the way the legislation intends.

In relation to the core four weeks of statutory leave, carried-over leave should generally be used within 18 months of the end of the leave year in which it accrued. Although the 18-month period originated through case law, it is now a well-established part of the legal framework governing sickness-related carry-over.

Employers should also recognise the termination risk associated with long-term sickness absence. Untaken statutory holiday may become payable on termination where an employee has been unable to use their entitlement because of illness. For related employer exposure, see holiday entitlement when leaving a job.

3. Can employers limit or control carry-over?

Employers can lawfully manage holiday entitlement and carry-over in certain circumstances, particularly where employees have had a genuine opportunity to take leave but have chosen not to do so. Clear communication and active management of holiday entitlement therefore remain important, particularly in cases involving extended sickness absence. See long-term sickness absence for related absence management considerations.

Policies that attempt to prohibit sickness-related carry-over altogether, or that impose rigid deadlines without taking account of statutory protections, are likely to create legal risk. Employers should also be cautious about relying on limitation arguments where employees have not been properly informed of their holiday rights or how those rights operate during sickness absence.

From a risk management perspective, holiday policies should clearly explain accrual and carry-over arrangements, distinguish between statutory and contractual leave and set out how long-term sickness absence will be managed. Payroll and HR systems should also accurately reflect those distinctions to reduce the likelihood of disputes and underpayments.

Section F: Can employees travel or do other activities while on sick leave?

Employers often encounter difficulty when employees on sick leave are seen travelling, socialising or engaging in everyday activities. These situations frequently generate suspicion and frustration, but they rarely justify immediate action. The legal test is not whether an employee appears active, but whether their activities are inconsistent with being unfit for work.

Many employers mistakenly assume that sickness absence requires an employee to remain at home or avoid leisure activities altogether. UK employment law imposes no such requirement. The question is whether the activity is compatible with the employee’s medical condition and the reason they are absent from work.

1. Is travelling abroad inconsistent with being on sick leave?

There is no rule in UK employment law that prevents an employee from travelling abroad while on sick leave. Travelling, including international travel, does not automatically undermine a sickness absence. What matters is whether the travel is compatible with the medical reason the employee is absent from work.

An employee may be unfit to work but still fit to travel. This is particularly common in cases involving mental health conditions, where a change of environment may support recovery. It may also apply where an employee is physically restricted from working but able to travel with appropriate adjustments.

Employers who treat overseas travel as evidence of dishonesty without considering medical context risk acting unreasonably. Any assessment should be grounded in the nature of the illness, the information available from medical evidence and any explanation provided by the employee.

Travelling abroad does not automatically end entitlement to Statutory Sick Pay. Eligibility depends on the SSP rules and the employee’s continuing incapacity for work rather than the fact that travel has taken place. Employers should therefore avoid assuming that overseas travel automatically removes entitlement to sick pay.

2. What everyday activities are generally acceptable?

Employees on sick leave are not required to remain housebound or inactive. Activities such as shopping, walking, socialising, attending appointments or spending time with family may be entirely consistent with being unfit for work. Observing an employee carrying out normal daily activities does not, by itself, indicate malingering.

In many cases, medical advice encourages individuals to remain active and engaged rather than isolated. This is particularly common in cases involving stress, anxiety, depression and certain musculoskeletal conditions where appropriate activity may form part of recovery.

Employers should be cautious about drawing conclusions from isolated observations or third-party reports. A single sighting or photograph rarely provides sufficient context to determine whether an employee is genuinely unfit for work.

3. Can employees work elsewhere while on sick leave?

Working elsewhere while signed off sick raises more significant concerns. If an employee claims to be unfit to perform their contractual duties but is simultaneously working for another employer or undertaking self-employment, legitimate questions may arise regarding the genuineness of the sickness absence.

However, even in these situations, employers should avoid assumptions. The alternative work may involve different duties, fewer hours or substantially different physical or mental demands. An employee may be incapable of performing one role while remaining capable of carrying out another.

Contractual restrictions on secondary employment, confidentiality obligations and conflict of interest provisions may also be relevant. Where an employee is found to be undertaking work that appears inconsistent with their stated condition or breaches contractual obligations, disciplinary action may be justified following a proper investigation and fair procedure.

Employers should distinguish carefully between genuine sickness absence concerns and unauthorised absence issues. See unauthorised absence from work for related employer considerations.

4. Do employees have to tell employers they are travelling abroad?

There is no general statutory requirement for employees to obtain permission before travelling abroad while on sick leave. However, employers may require employees to comply with reasonable sickness reporting procedures and maintain appropriate communication during periods of absence.

Many sickness absence policies require employees to inform their employer if they intend to travel outside the UK while absent from work. Such requirements will often be reasonable where they support legitimate business purposes, including maintaining contact, arranging occupational health assessments, managing welfare checks or planning a return to work.

A failure to disclose overseas travel will not automatically amount to misconduct. However, it may become relevant where the omission prevents reasonable management contact, affects attendance at medical appointments or creates uncertainty regarding the employee’s ongoing fitness for work. Employers should therefore ensure that any notification requirements are clearly set out in workplace policies and applied consistently.

5. What medical evidence can employers request if an employee is abroad?

Where an employee remains absent due to illness while overseas, employers are entitled to seek reasonable evidence supporting the continuing absence. The level of evidence that can reasonably be requested will depend on the circumstances, the duration of the absence and the employer’s sickness absence procedures.

Medical evidence issued outside the UK should not be disregarded solely because it originates overseas. Employers should consider the substance of the information provided and whether it reasonably supports the employee’s stated medical condition. In some cases, additional clarification may be appropriate where the evidence is unclear or incomplete.

For longer-term absences, occupational health advice may still assist employers in understanding the likely impact of the condition on fitness for work and any anticipated return-to-work timescales. Employers should avoid imposing evidential requirements that are disproportionate or impossible to satisfy while the employee is abroad.

The most defensible approach is usually one that focuses on obtaining sufficient information to manage the absence fairly and consistently rather than seeking to challenge the employee’s account without evidence.

When concerns arise about an employee’s activities during sick leave, the employer’s response should remain measured and evidence based. Immediate disciplinary action or accusatory communication is rarely appropriate. Instead, employers should seek clarification, consider medical evidence and assess whether there is a genuine inconsistency between the activity and the sickness absence.

Where uncertainty persists, occupational health input can provide objective guidance and reduce the risk of decisions being based on incomplete information. Employers should also remain mindful of data protection and privacy obligations when gathering and relying upon information about an employee’s activities.

Summary

Employees can legally go on holiday while on sick leave, but employers should handle these situations carefully to avoid breaching employment law. Holiday during sickness absence is not prohibited, and travelling or taking annual leave does not automatically undermine the legitimacy of an employee’s medical condition. The key issue is whether the employee’s activities are consistent with the reason they are unfit for work.

For employers, the greatest risks usually arise from how decisions are made. Blanket refusals, assumptions about malingering and poorly documented processes can lead to disputes over holiday entitlement, discrimination, unfair dismissal and holiday pay. Employers should assess requests on a case-by-case basis, consider the medical evidence, apply policies consistently and maintain clear records of decision-making.

Need Assistance?

Managing holiday requests during sick leave requires careful judgement, consistent procedures and a clear understanding of employee rights. DavidsonMorris advises employers on sickness absence management, holiday entitlement, disciplinary issues, disability discrimination risks and wider workforce compliance matters. 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. UK employment law does not prohibit an employee from going on holiday while on sick leave. Employees can request to take annual leave during a period of sickness absence, provided the request is handled in accordance with the Working Time Regulations 1998 and any applicable workplace procedures. The key consideration is whether the holiday is consistent with the employee’s medical condition, not whether they are absent due to illness.

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

Employers can refuse holiday requests where there is a legitimate and lawful reason for doing so, such as operational requirements or compliance with normal annual leave procedures. However, employers cannot impose a blanket ban on annual leave simply because an employee is on sick leave. Any refusal should not have the effect of preventing the employee from exercising their statutory holiday entitlement.

How should employers assess a holiday request during sick leave?

Employers should assess requests on a case-by-case basis using the available medical evidence, the reason for the sickness absence and any relevant operational considerations. Decisions should be based on facts rather than assumptions. A holiday may be entirely compatible with the employee’s condition, particularly in cases involving stress, anxiety or other mental health conditions.

Does taking holiday affect sick pay?

Where an employee takes approved annual leave during a period of sickness absence, that period is treated as annual leave and paid accordingly. Statutory sick pay and holiday pay cannot be paid for the same period. If the employee remains unfit for work after the holiday ends, sickness absence can continue in accordance with the employer’s normal procedures.

Does travelling abroad automatically end entitlement to Statutory Sick Pay?

No. Travelling abroad does not automatically end entitlement to Statutory Sick Pay. Eligibility depends on the SSP rules and the employee’s continuing incapacity for work rather than the fact that travel has taken place. Employers should assess entitlement based on the relevant statutory requirements rather than assumptions about overseas travel.

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

If an employee becomes ill before or during a period of annual leave, they may be entitled to treat some or all of that period as sick leave instead, provided they comply with the employer’s sickness reporting procedures and any reasonable evidential requirements. The affected holiday entitlement can then generally be taken at a later date.

Do employees continue to accrue holiday while on sick leave?

Yes. Employees continue to accrue their statutory annual leave entitlement throughout periods of sickness absence. This includes both the four weeks of leave under Regulation 13 of the Working Time Regulations and the additional 1.6 weeks provided under Regulation 13A. Different rules may apply to carry-over and to any enhanced contractual holiday entitlement.

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

Yes. Where an employee has been unable to take statutory annual leave because of sickness absence, carry-over rights apply. In relation to the core four weeks of statutory leave, carried-over leave should generally be used within 18 months of 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 is generally justified only where there is clear evidence that the employee has acted dishonestly, misrepresented their condition or engaged in conduct that is incompatible with the medical basis of the sickness absence. Employers should follow a fair procedure and consider any disability-related issues before taking action.

Is travelling abroad while on sick leave allowed?

Yes. There is no legal prohibition on travelling abroad while on sick leave. Whether overseas travel is appropriate depends on whether it is consistent with the employee’s medical condition and the reason they are absent from work. Employers should assess individual circumstances rather than applying blanket assumptions.

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. However, employers may require employees to comply with sickness reporting procedures and maintain reasonable contact during periods of absence. Many workplace policies require employees to notify their employer if they intend to travel overseas while signed off sick.

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

Social media content may form part of an investigation, but it rarely provides the full picture. A photograph or video showing an employee on holiday does not automatically demonstrate that they are fit for work. Employers should consider the wider medical context, the employee’s explanation and any supporting evidence before reaching conclusions.

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

Employers can request reasonable evidence to support continuing sickness absence while an employee is overseas. Medical evidence issued outside the UK should not be disregarded solely because it originates abroad. The focus should be on whether the information reasonably supports the employee’s condition and ongoing absence from work.

How should employers handle concerns about misuse of sick leave?

Concerns should be investigated proportionately and based on evidence. Employers should normally seek the employee’s explanation, review any relevant medical evidence and consider occupational health input where appropriate. Assumptions, aggressive questioning or decisions based solely on suspicion frequently create greater legal risk than the original concern itself.

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