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Is an employee on sick leave able to carry forward their holiday indefinitely? Not according to the Employment Appeals Tribunal. This is a topic that has been hanging in the balance without a definitive answer until now, and the EAT guidance gives us simple clarification on this point.

In the case considered by the EAT, a printer by the name of Mr Plumb took four years sick leave and claimed 60 days holiday for 2010, 2011 and 2012.

The EAT held, in principle, that employees must take leave within 18 months of the leave year in which it accrues. A shorter period may also be appropriate.

Mr Plumb was therefore able to claim a payment in lieu of the 2012 leave year but not for 2010 and 2011.

Whilst good news for employers, those with employees on long term sickness leave should note that leave to appeal was granted, which means that further clarification may yet follow.


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