If an employee gets sick while on booked holiday, then, provided they notify you (their employer) they can convert those holiday days to sick leave. This returns them holiday days to use when they’re in good health.
Here are 4 key points to consider:
- Statutory Sick Pay is usually less than holiday / normal pay
Time off on holiday is paid as normal pay. Sick leave rules are different. If the employer pays Statutory Sick Pay, only then will this be payable (if the employee is entitled to it). If the employer operates enhanced sick pay, then this would be payable instead, unless policies state otherwise. - Sick days must be monitored
Make sure that the absence is logged as sickness on any attendance management system. Sickness absences on holiday are not generally monitored, but the monitoring of sick leave is very important. Having a clear policy in place can deter employees from changing their holiday leave to sick leave without good reason. - Proof of sickness
What evidence can you request as proof of sickness?
If the employee is abroad, then they may struggle to obtain a medical note. However, you could include in your sickness policy a requirement to produce medical evidence if possible. You could even agree to reimburse the cost of obtaining a doctor’s note abroad.
If calling in sick while on holiday is a particular issue for your business, then consider amending your policy to state that any absences for sickness during pre-booked holidays will be paid at Statutory Sick Pay only. This provides a financial disincentive. - Carrying over holiday leave
Finally, if an employee is sick on holiday and there’s not enough time in the current holiday year for them to take the holiday days they are owed then the employee must be allowed to carry over the holiday into the next holiday year. This rule applies to four weeks every holiday year (or the full 5.6 weeks for part year and irregular hours workers for holiday years beginning after 1st April 2024). The carried over holiday must be taken within 18 months of the year it accrued.
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