Workers in the UK who fall ill during their annual leave may be entitled to reclaim those days and use them at a later date, according to employment law specialist Amy Stokes. The rule applies to statutory annual leave, which is the legal minimum of 5.6 weeks (28 days for a full-time worker, including bank holidays). However, there are specific conditions and potential financial drawbacks.
How the Conversion Works
Under UK law, you cannot be on annual leave and sick leave simultaneously. If you become ill during a pre-booked holiday, you can notify your employer and request that the sick days be treated as sick leave, with the annual leave days reinstated for future use. This is not automatic; you must follow your company’s standard sickness reporting procedure, typically calling in sick on the first day of illness. Delaying notification until you return to work may invalidate the claim.
Stokes explained in a TikTok video that the illness must be serious enough to warrant time off from work. For example, a broken leg might not qualify if you work in an office and could still perform your duties. She said: "It needs to be something you'd be off sick from work with, but you can get [days] added back onto your annual leave."
Financial Considerations
Converting annual leave to sick leave may result in lower pay. Statutory Sick Pay (SSP) is currently £116.75 per week (as of 2025/26), which is often less than your normal pay. If your employer offers contractual sick pay that matches your full salary, the switch could be financially neutral or beneficial. However, if you only qualify for SSP, you might choose to keep the days as annual leave to avoid a pay cut. 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."
Evidence Requirements
Employers can be stricter when converting holiday to sick leave than for normal sickness absence. While workers can self-certify for the first seven days of illness, companies may insist on a doctor's note covering the exact days of the holiday. This is more common if the illness is short or if there is a pattern of such claims. Always check your company’s sickness policy for specific requirements.
Contractual vs Statutory Leave
The right to reclaim annual leave applies to the statutory minimum of 5.6 weeks. If your employer offers additional contractual holiday days beyond this, the rules are determined by your company handbook. Some employers may allow the same conversion for contractual days, while others may not. Stokes emphasized that her advice relates to statutory rights and that company policies may differ.
Practical Steps
To convert annual leave to sick leave, inform your employer as soon as you fall ill, following the usual sickness reporting procedure. Do not wait until you return to work. The conversion takes effect from the day you report it. If you recover before the end of your holiday, you may resume annual leave for the remaining days.
This provision helps workers avoid wasting precious holiday days on illness, but it requires prompt action and awareness of your employer’s policies. For tailored advice, consult your HR department or an employment law professional.
