Need info

[Tiswas20]

What is the ruling on annual leave being carried over into the new leave year after being on long term sickness?

[Kati]

You might find the info you need here Tiswas20 - http://www.acas.org.uk/index.aspx?articleid=3860

If an employee is unable to take their annual leave within their current leave year, due to sickness absence, can the entitlement be carried forward?

Yes, where a worker has not had the opportunity to take the full entitlement to annual leave because they have been absent due to sickness, any remaining entitlement can be carried forward to the next or subsequent leave years.

[Kati]

I'm tagging Ula mariefab for you too xx

[Tiswas20]

Thanks for that Kati. Someone told me that there was a court case between Stringer V HMRC and the limit you could carry over was 20 days.

[des8]

Not my area, but my understanding is that 4 weeks is not the maximum but a minimum, i.e. the the employee can carry over at least four weeks' accrued holiday a year.

[ULA]

Are you on statutory holiday or does your company provide more that the statutory holiday entitlement? If the latter then you will need to check your contract of employment as to carry-over. If this is limited to the statutory then if you have been on long term sickness in the current holiday year then it will be up to that maximum that you will be entitled to carry over into a new holiday year.