EU ruling - Employees can reclaim annual leave if they are sick during their holiday

The European Court of Justice has handed down its decision in the case of ANGED v FASGA. The Court has decided that a worker who is sick during their annual leave is entitled to reclaim their annual leave and use it at a later date, irrespective of whether the worker became sick before or during their annual leave.

This has the potential to cause difficulties for employers who find an employee comes back after two weeks in the sunny med with a lovely tan and declares that they had flu for the whole time and will be reclaiming their holiday.

To discourage such abuse, we suggest that policies are updated to ensure that employees will only be paid statutory sick pay in these circumstances rather than any enhanced contractual sick pay.