I’ve just taken over a nursery and learnt employees are obliged to take holiday when they are sick because the nursery does not pay sick pay. Is this legal?
No. As a minimum, eligible workers are legally entitled to statutory sick pay (SSP) when they are sick. They may also be entitled to a higher amount of sick pay, depending on the terms of their contract. Requiring workers to take holiday when they are sick is likely to be deemed a breach of the Working Time Regulations 1998.
Sometimes employees choose to take holiday during sick leave, particularly where the sick pay is less than the holiday pay. As long as this is their choice and it is not imposed by the nursery, this is lawful. However, the nursery will need to take account of health and safety implications in determining whether to allow this practice.
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