Q. My secretary, who has been off sick since Easter, has just returned to work. On her first day back she notified me that she has a two-week summer holiday booked in August. Can she do this?
A. There has been some uncertainty recently concerning the accrual of annual leave during periods of long-term sickness absence. As unfair as it may seem to you, the latest indication from the European Court of Justice is that an employee will continue to accrue holiday entitlement even though they are off work sick. Therefore, even whilst off sick, your secretary was accruing holiday leave and thus he/she will be entitled to take that summer break.
Q. She actually wants to take the fortnight off during our busiest time of year. Can I stop her?
A. There is nothing in the Working Time Regulations to prevent you, as an employer, from stipulating a period during which holidays should not be taken, provided that the employee is given sufficient opportunity to take their full annual leave entitlement at other times in the year. However, if you have not already made such stipulations, then you cannot impose them now retrospectively without your secretary's agreement.
Running a business can be a very complex matter. Expert advice is essential with employment law issues. Should you have any queries regarding this or related issues please contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk.
