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Long term sick - Holiday accrual query

Hello Community!!

I have a couple of employees on long-term sick accruing holidays. Could someone please explain to me the ACAS terms about carrying over up to 4 weeks?

Does this mean leave is worth 4 weeks ( 20 working days) for a full-time employee?

Long-term sick leave - From Acas

Sick leave is usually considered long-term if it lasts longer than 4 weeks.

If someone has not been able to use their holiday because they've been on long-term sick leave, they can carry it over.

Employees on long-term sick leave can carry over 4 weeks' unused holiday entitlement, unless the employer allows more to be carried over. This holiday must be used within 18 months from the date it's carried over.

Thank you.

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  • Hi Nisha

    Four weeks / 20 days is the *minimum / statutory* for a full-time employee, that definitely must be allowed to carry-over. This is based on the pre-Brexit /EU Directive minimum of 20 days, and because it's statutory, it trumps anything contractual that might eg disallow it.

    But if anything contractual might provide for more than 20 days, then the contractual entitlement must apply and in instances of doubt or ambiguity many employers would allow normal contractual if > this minimum just to be on the safe side
  • In reply to David:

    Hi David

    Thank you so much for the clarification.