A member of staff recently went on holiday and during that period became unwell. Should the absence be treated as holiday or sickness?
A worker who falls sick over a holiday period is, as a matter of law, entitled to treat that period as sick leave and “reclaim” their holiday entitlement. However, this will mean that the worker will be paid sick pay for the period of absence rather than holiday pay, which may not be their preference. Employers will therefore often give employees a choice as to how they wish the absence to be treated.
To ensure consistency and clarity for employees, setting out in writing the nursery’s policy on the treatment of sickness during annual leave is advisable.
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