Can I count sick days during annual leave as sick leave in the UK?

• Sick leave and annual leave have different purposes, so if you fall ill on your annual leave, that time does not have to be lost.
• Employee's sick leave entitlement is protected by UK law.
• Creating a clear process and system for monitoring leave will prevent disputes. Using a system like Leave Dates can keep communication, records and evidence together and ensure compliance.

We’ve all been there - after finally carving out a couple of weeks to take annual leave at the back of a big project, you are sidelined with the flu when you’re meant to be living your best life.

Don’t worry, there's a silver lining. If you fall sick during your annual leave, you can have those days recorded as sick leave. So you can save those annual leave days for a time when you can relax and enjoy them.

Employees in the UK are entitled to convert annual leave into sick leave if they fall unwell during their time off. This was initially supported by a 2012 European Court of Justice ruling stating "the purpose of entitlement to paid annual leave is to enable the worker to rest and enjoy a period of relaxation and leisure. The purpose of entitlement to sick leave is different, since it enables a worker to recover from an illness that has caused them to be unfit for work.”

Employers must not require employees to use their paid leave during sickness absences. However, employees are entitled to request that their sick days be paid leave if they are not entitled to statutory sick pay (SSP).

• Short-term sickness: If you fall ill in the days before or during your annual leave, you can make a request for these days to be treated as sick leave. It is recommended that proof, like a fit note, is provided where required.
• Long-term sickness: If you are on a period of long-term sick leave (generally 4 weeks duration or more), you are still entitled to accrue and redeem annual leave.

Your leave can be carried over to the next year if cancelled due to sickness. This ensures that statutory entitlements are not disrupted by unforeseen circumstances.

• Policies for sickness and annual leave must be clear and distinct from one another; both should include instructions for cases of overlap.
• Employees should inform their employer as soon as possible and submit the required medical evidence. This can be done easily using the Leave Dates mobile app.
• Maintain accurate, compliant records to avoid misunderstandings.

Employees can rest easy knowing that if they get sick during their annual leave, their time off is not lost. In the UK, the law recognises that sick leave and annual leave are distinct types of leave with separate purposes.

As always, clear policies and good communication make this process simple for employees and managers. Add a robust leave management system, such as Leave Dates, into the mix, and you can streamline your requests, communication, and record-keeping.

This article provides general background information and is not a substitute for legal, employment or financial advice. For guidance tailored to your situation, speak to a qualified professional, such as a lawyer or financial advisor, before making any decisions.