Legal Briefing
Employees on sick leave can carry over holiday
Overview
First West Yorkshire Limited’s leave year ran from 1 April to 31 March. Mr Shah booked four weeks' annual leave from 22 February to 21 March 2009. However, in January 2009, he broke his ankle and was absent from work from 15 January to 18 April 2009. He tried to reclaim his annual leave but was informed that he could not because this related to the previous leave year and had therefore been "lost". He subsequently brought a claim, among others, for loss of holiday under the Working Time Regulations 1998 (WTR).
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