Workers in the UK who fall ill during their annual leave may be entitled to reclaim those days, converting them to sick leave and preserving their holiday entitlement for later use. However, specific conditions apply, and employees must follow proper reporting procedures to secure this right.
Legal Right to Convert Holiday to Sick Leave
Employment and HR expert Amy Stokes, known online as @Employment_with_Amy, explained in a social media clip that employees can legally request to change annual leave days to sick leave if they become unwell. The condition is that the illness must be one that would normally prevent them from working. For example, a broken leg might not qualify for an office worker who could still perform duties from a desk.
Stokes stated: "You can do all that, if the reason that you're sick is a reason you'd be sick from work. So, for example, it can't be that you've broken a leg because if you work in an office, they might say you could still [work] in an office chair. It needs to be something you'd be off sick from work with, but you can get [days] added back onto your annual leave."
Pay Implications and Statutory vs Contractual Leave
Converting holiday to sick leave may result in lower pay if the employer offers only Statutory Sick Pay (SSP) rather than full sick pay. Stokes noted: "Sometimes, people don't end up [trying to get the days back] because if they get statutory sick pay rather than full sick pay, for the holiday they've just had, they're actually getting less pay, so sometimes they keep it as annual leave."
The rules apply to statutory annual leave entitlements, which are a minimum of 5.6 weeks (28 days for a full-time worker, including bank holidays). Employers may offer additional contractual holiday days, and the procedures for reclaiming those extra days are determined by the company's own policies as outlined in the employee handbook.
How to Convert Annual Leave into Sick Leave
Employees should not delay reporting illness until after returning to work. The process must follow the company's standard sickness reporting procedure, which typically requires a phone call to a manager rather than a text or voicemail. Sick days are counted from the moment the illness is formally reported, so waiting until recovery weakens the claim.
Although UK employees can self-certify for the first seven days of sickness, employers may impose stricter rules when converting pre-booked holiday into sick leave. They can request a doctor's note or medical certificate covering the exact days of illness.
Carrying Over Unused Holiday
If the company's holiday year ends before the reclaimed leave can be taken, employees are legally entitled to carry over up to four weeks of unused statutory holiday into the next leave year. Employees should check their workplace policies for precise details on deadlines and procedures.
