UK Employment Law
UK Employment Law Questions Answered by Verified Experts
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You are entitled to take holidays during sick leave and should be paid your normal pay during that time. It is incorrect that sick pay takes precedence over holiday pay. You can get confirmation from various sources, for example:
"In Stringer v HMRC, the ECJ ruled that a period of sickness absence cannot result in workers losing any part of their entitlement to minimum paid holiday. Workers on long-term sick leave accrue statutory holiday and must be paid for it at their normal rate of pay, even if their sickness lasts for the whole of the holiday year."
"To avoid Tribunal claims, employers should pay holiday pay for holidays that have been requested and approved during a period of sick leave.... In practice, employers may find employees taking paid holidays once company sick pay runs out. For employers who only pay statutory sick pay, employees may seek to take holidays to cover short periods of sickness absence, such as 3 or 4 days."
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