Can an employee take sick leave when on annual holidays?
If an employee falls sick before commencing scheduled annual holidays, the employee is entitled to take any scheduled annual holidays as sick leave.
If an employee falls sick when they are on annual holidays, they can ask the employer if they can observe those days as sick leave days rather than annual holidays. An employee can only do this with the employer’s agreement.
It is permissible for the employer to ask for proof of illness as a requirement of allowing an employee on annual holidays to take sick leave. As the employer has the discretion whether to allow the employee to take sick leave or not in this situation, they can place conditions around agreeing to exercise that discretion, such as requesting the provision of proof of illness.
Use our Holidays and Leave Tool to work out entitlements for public holidays, and sickness and bereavement leave.
Date Modified: Tuesday, 29 May 2012
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and should not be used as a substitute for legislation or legal advice.State sector employers
and employees may be affected by some differences in the laws that apply to them (e.g. State
Sector Act 1988).The Department of Labour takes no responsibility for the results of any actions taken
on the basis of information on this website, nor for any errors or omissions.
