What Happens If Someone Goes Sick During Their Holiday?

Your employee is supposed to be on a beach in Tenerife. Instead, they're calling you on day three to say they're ill.

Your first thought is probably some variation of "are you joking?"

You're not alone in that reaction. And before you assume they're pulling a fast one, here's what you actually need to know - because the law on this one catches a lot of employers off guard.

Yes, they can reclaim that holiday

If an employee is genuinely ill during a period of annual leave, they have the right to reclassify those days as sick leave and take the holiday another time.

This came from a European Court of Justice ruling and it's been part of UK employment law ever since. It hasn't gone away post-Brexit either, so don't bank on that.

The principle is straightforward: holiday is meant to be rest. If someone is too ill to rest, they haven't actually taken a holiday. The law agrees with that logic, frustrating as it might feel from where you're standing.

What they need to do

This is where your sickness absence policy earns its keep. Employees should follow your normal sickness reporting procedure - even if they're abroad.

That means notifying you within whatever timeframe your policy sets, and providing evidence if your policy requires it. A fit note works, as does a medical certificate from a foreign GP or clinic.

Don't dismiss foreign documentation - it's valid.

If they don't follow your reporting process, you have more grounds to push back. Which is exactly why having a clear, written procedure matters.

What happens to the holiday days?

The sick days get converted back to annual leave and the employee keeps them to use later in the leave year.

If there isn't enough time left in the leave year to take them, they may be entitled to carry them over.

This is one of the few situations where carry-over is a legal right rather than a discretionary one, so tread carefully.

Can you require them to take the holiday anyway?

No. You can't insist that sick days during holiday count as holiday.

Trying to do so creates real tribunal risk, and it's the kind of decision that tends to cost significantly more to defend than it was ever worth.

What you can do

You can require them to follow your absence reporting procedure to the letter. You can request medical evidence. You can manage the situation the same way you'd manage any other sickness absence.

What you can't do is pretend the illness didn't happen and mark those days as leave taken.

A robust sickness absence policy, applied consistently, is your best protection here. If yours doesn't address what happens during holiday periods specifically, add it.

It takes ten minutes to update and could save you a much longer conversation later.

If you want a second pair of eyes on your policy, you know where we are.

Get in touch