Sickness during enforced annual leave

jonnod123

Hi all,

My employer enforces three days of annual leave between Christmas and New Year, and this is automatically deducted from my annual leave allowance.  I was unwell with covid during this period and therefore asked my employer if I could reclaim the annual leave and take it as sick leave instead.  They said No, stating that in my contract, it says that sickness on Bank Holidays or during company shutdown periods cannot be re-booked as holiday.

I can understand the bank holiday part, but the company shutdown period is deducted from my annual leave allowance.  Is it correct that they can prevent me from reclaiming this?

TIA

Jon

Undervalued

jonnod123 said:

Hi all,

My employer enforces three days of annual leave between Christmas and New Year, and this is automatically deducted from my annual leave allowance.  I was unwell with covid during this period and therefore asked my employer if I could reclaim the annual leave and take it as sick leave instead.  They said No, stating that in my contract, it says that sickness on Bank Holidays or during company shutdown periods cannot be re-booked as holiday.

I can understand the bank holiday part, but the company shutdown period is deducted from my annual leave allowance.  Is it correct that they can prevent me from reclaiming this?

TIA

Jon

Legally there is no difference as there is nothing special about bank holidays in employment law. If the company is closed on a BH then they are also days when the employer has "enforced" holiday.