Employees 'could claim back holiday time lost to sickness'

A new ruling by the European Court of Justice could potentially give employees the right to claim back holidays which have been lost to illness while on holiday.

The ruling has prompted a law firm to say that it could pose significant problems for employers, and will test their management skills.

Elizabeth Stevens, a professional support lawyer at Steeles Law solicitors, said that it would be difficult to predict what evidence an employer would require an individual to provide about their sickness.

She said: "Would they even be able to get a doctor's note if they are abroad? This is what might be problematic for employers going forward."

Currently, a worker has the right to take annual leave during a period which does not coincide with his sick leave.

If a worker does not want to take sick leave during a period of annual leave then annual leave must be rescheduled.

Earlier this year, the Department of Work and Pensions said a new medical 'fit note' will replace the current 'sick note' in order to help more people stay in work. 

How will this affect your business?  Have you been ill whilst on holiday?