Sick During a Holiday: What Should Employers Be Aware Of?

The summer period raises the same employment law questions every year. What happens if an employee reports sick while on holiday? And can an employee who is already on sick leave still go on holiday? Although many employers assume that holiday remains holiday regardless of the circumstances, the legal position is more nuanced.

If an employee genuinely falls ill during a holiday and is therefore unable to enjoy the holiday as intended, those days may be classified as sick leave rather than annual leave. In that case, the employee retains the annual leave entitlement and may take those holiday days at a later date. However, an important condition applies: the employee must report their illness in accordance with the applicable sickness absence procedures and be able to substantiate the illness adequately.

Ensure Clear Sickness Absence Procedures

For this reason, a well-drafted sickness absence policy is essential for employers. The policy should specify that an employee who becomes ill while on holiday must report the illness immediately, remain contactable, and obtain relevant medical documentation when staying abroad. Without clear procedures that have been communicated in advance, it can be difficult to assess retrospectively whether the employee was genuinely unfit for work.

In addition, it is advisable to inform employees in advance about the procedure to be followed if they fall ill during their holiday. This should include who must be notified, what information must be provided and what supporting documentation may be required (such as the obligation to consult a doctor abroad and to obtain a medical certificate in at least the English language). Clear procedures help prevent disputes where an employee, upon returning from holiday, requests that holiday leave be reclassified as sick leave and the corresponding leave days be reinstated.

Can an Employee on Sick Leave Go on Holiday?

The reverse situation also frequently gives rise to questions. As a general rule, an employee who is already incapacitated for work may still go on holiday. Being on sick leave does not automatically mean that an employee must remain at home or is prohibited from taking a holiday.

That said, it is important to assess whether the holiday could hinder the employee’s recovery or reintegration process. If so, there may be grounds to advise against the holiday or, in exceptional circumstances, to refuse permission. Where there is any doubt, employers are advised to seek guidance from the occupational health physician in advance. The physician can assess whether the proposed holiday is medically appropriate and whether it is likely to have any adverse impact on the employee’s recovery.

Prevention Is Better Than Cure

For employers, the greatest benefit lies not in resolving disputes after the fact, but in making clear arrangements beforehand. Employers should therefore review whether their sickness absence policy adequately addresses situations arising during holidays, remind employees of their reporting and information obligations, and ensure that it is clear what evidence will be required in the event of a sickness notification from abroad.

Clear procedures and effective communication help prevent uncertainty and disputes when a relaxing holiday unexpectedly turns into a sickness absence issue.