Taking time off work due to illness is common, but what happens if you want to go on holiday during that time? In the UK, the answer isn’t black and white. Employees often wonder if it’s legally acceptable or appropriate to travel while signed off sick.
This article explores what UK law says about this issue, how employers typically respond, and what considerations employees must take into account before making travel plans while on sick leave.
The goal is to offer clarity, reduce uncertainty, and help both employees and employers manage such situations professionally.
What Does UK Employment Law Say About Holidays During Sick Leave?
UK employment law allows employees to accrue and request annual leave even while off on sick leave. This right remains regardless of how long an individual is signed off work.
Key Legal Principles:
- Employees continue to build up statutory holiday entitlement during periods of sick leave.
- They can request to take paid holiday during sick leave.
- Employers cannot force employees to take holiday while sick.
Important Considerations:
- If employees are sick during a scheduled holiday, they can convert it to sick leave.
- Unused holidays due to illness can be carried over for up to 18 months.
- When holiday is approved during sick leave, sick leave is paused, and holiday pay applies.
Employers must manage this process fairly and within legal boundaries. Failure to comply may lead to employment disputes.
ACAS encourages businesses to have a clear written policy to handle holiday and sickness overlap. Consistent application of this policy helps reduce confusion and possible claims of unfair treatment.
Can You Go on Holiday Whilst on Sick Leave UK?
Yes, it is possible to go on holiday while on sick leave in the UK, but specific conditions apply. Employees must be able to justify that their holiday does not hinder recovery or contradict the reason for their absence.
For example, if someone is on leave for mental health reasons, a relaxing holiday could potentially aid recovery. However, if their illness involves mobility issues or contagious conditions, taking a holiday may be questionable.
Employers are advised to treat each case individually, taking into account medical evidence and open communication from the employee.
As long as the employee has the employer’s knowledge and maintains transparency, holidays during sick leave are not automatically a breach of policy.
Is It Legal to Travel Abroad While Off Sick?
There is no UK law explicitly prohibiting employees from travelling abroad while off sick. However, legality and acceptability depend on the context and how the travel aligns with the employee’s health condition and medical advice.
Employees should be mindful of:
- The nature of their illness and whether travel could affect recovery.
- The advice outlined in their fit note, which might include limitations or suggestions for rest.
- Their employer’s sickness absence policy, especially concerning international travel.
Although the law does not ban overseas travel during sick leave, employees should notify their employer before going abroad. This helps avoid suspicions of misconduct and supports a transparent relationship. When in doubt, it’s wise to get a medical opinion and written approval before travelling.
Are Employees Entitled to Annual Leave While Receiving Statutory Sick Pay?
Yes, employees on Statutory Sick Pay (SSP) continue to accrue their annual leave entitlement. Whether they receive SSP or are on unpaid sick leave, holiday entitlement builds as normal.
The following rules apply:
- Employees may request paid annual leave while on sick leave.
- If the request is granted, sick leave is paused, and the employee is paid holiday pay instead of sick pay.
- Employers cannot deny accrued holiday unless there are valid business reasons and it aligns with company policy.
In situations where the employee has been on long-term sick leave and hasn’t used their holiday, they can carry over up to four weeks of leave into the next holiday year. This rule ensures workers don’t lose their entitlement due to illness.
What If the Sickness Is Stress-Related or Mental Health Related?
Can Mental Health Sick Leave Justify a Holiday Break?
Yes, mental health sick leave can justify taking a holiday break in many situations. Conditions such as anxiety, depression, and work-related stress often benefit from a change of environment or temporary removal from daily pressures.
A holiday, in these cases, isn’t about leisure but recovery. It can provide rest, reflection, and a chance to improve emotional well-being. In some instances, a GP may even recommend a short break as part of a broader treatment plan.
However, the employee should ensure their holiday aligns with medical advice and communicate openly with their employer to maintain trust and avoid potential misunderstandings.
What Are Employer Expectations During Stress-Related Leave?
During stress-related leave, employers are expected to respond with understanding and professionalism. Mental health should be treated with the same seriousness as physical health, ensuring employees feel supported rather than pressured.
Key Employer Responsibilities:
- Limit communication to essential updates and avoid excessive contact that could add stress.
- Request medical certificates or fit notes only when necessary for record-keeping and support.
- Respect the duration of leave recommended by a medical professional without rushing the return.
- Provide flexibility or phased return options if advised by a healthcare provider.
- Maintain confidentiality and a non-judgmental approach to the employee’s situation.
Taking a short holiday during stress leave can sometimes support recovery, especially if recommended by a doctor. However, open communication between employer and employee is essential to avoid misunderstandings and ensure mutual trust.
By following respectful practices and staying informed, employers can help create a healthier, more supportive work environment during periods of stress-related absence.
Does a Sick Note Allow You to Take a Holiday?
A sick note, or fit note, is issued by a healthcare professional to confirm an employee’s inability to work. While it supports the need for sick leave, it doesn’t automatically restrict all forms of activity, including holidays.
If the fit note says the employee is “not fit for work” but doesn’t specify limitations on travel, it’s generally acceptable to take a holiday. However, the holiday must not contradict the nature of the illness.
For instance, someone signed off with a back injury should avoid activities that could worsen it. Employers can seek clarification or even require a second opinion if they believe the holiday may not be appropriate.
Employees are encouraged to align any holiday plans with the advice on their sick note and communicate clearly with their employer.
Can an Employer Refuse Holiday During Sick Leave?
Yes, employers have the right to refuse a holiday request during sick leave if there are legitimate business or health-related concerns.
For example, if the proposed holiday contradicts the employee’s medical condition or conflicts with business requirements, the employer may deny the request.
However, the refusal must be:
- Reasonable, not discriminatory.
- Consistent with company policy.
- Documented, with valid reasons provided to the employee.
Employers are encouraged to consider the impact of the holiday on the employee’s recovery. If refusal leads to a legal dispute, the tribunal will assess whether the employer acted fairly and in line with employment law.
How Should an Employee Communicate Their Travel Plans When on Sick Leave?
Clear communication is key when planning a holiday during sick leave. Employees should notify their employer in advance and provide all necessary details.
Best Practices:
- Submit a formal written request outlining dates, destination, and purpose of travel.
- Explain how the holiday aligns with medical advice, treatment, or emotional recovery plans.
- Include copies of the fit note and any supporting medical documentation or recovery plan.
- Await approval before confirming any travel plans or making non-refundable bookings.
Additional Considerations:
- Be honest and proactive when discussing your travel intentions with your employer.
- Maintain accessibility (email or phone) for urgent updates or employer communication needs.
- Keep a record of all correspondence, including responses and medical confirmations.
Transparent communication not only prevents misunderstandings but also shows professional responsibility on the employee’s part.
What Are the Risks of Going on Holiday While Off Sick in the UK?
Taking a holiday during sick leave without proper communication can lead to several issues, both legal and workplace-related.
Potential Consequences
- Loss of Sick Pay: If an employee is found to have acted against medical advice, sick pay may be withheld.
- Disciplinary Action: Employers may begin misconduct investigations if the holiday appears inconsistent with the illness.
- Damage to Workplace Reputation: Colleagues might perceive the action negatively, impacting relationships.
Risk Mitigation Tips
- Obtain clear medical guidance confirming suitability for travel.
- Be upfront with your employer and seek prior approval.
- Avoid activities that contradict your illness (e.g., skiing with a leg injury).
- Keep all communication documented in writing.
When handled poorly, going on holiday while on sick leave can harm your professional standing. But when done properly, it may even contribute positively to your recovery.
Conclusion
Going on holiday while on sick leave in the UK is not inherently wrong, but it demands careful planning and transparency.
Legal provisions allow holidays during sickness, provided they support the employee’s recovery and are communicated properly. Employers should review each case fairly, keeping in mind medical advice and employee wellbeing.
To avoid risks and misunderstandings, both parties must engage in open, professional dialogue. With the right steps, holidays during sick leave can be both lawful and beneficial to recovery.
FAQs About Can You Go on Holiday Whilst on Sick Leave UK
Can an employer refuse holiday during sick leave?
Yes, if the request conflicts with company policy or contradicts the medical reason for sick leave, the employer can reasonably decline.
What happens if you travel without notifying your employer?
Failing to inform your employer could lead to disciplinary action or loss of sick pay if the travel appears inconsistent with your illness.
Can a fit note be overridden by a holiday request?
No, the fit note should be respected unless the employer has strong medical evidence suggesting the holiday is appropriate.
Is mental health sick leave treated differently when it comes to travel?
Yes, holidays during mental health leave may be seen as part of recovery, especially if supported by a healthcare professional.
What is the difference between sick pay and holiday pay in the UK?
Sick pay is provided when an employee is unfit to work, while holiday pay is for time off that’s not illness-related. They cannot be paid at the same time.
Are part-time workers treated differently under SSP and holiday laws?
No, part-time workers have the same rights to statutory sick pay and holiday accrual as full-time employees, adjusted for their work hours.
How do tribunals view disputes over holiday during sick leave?
Tribunals consider whether the employer acted fairly, followed the law, and whether the employee was transparent and medically justified in taking leave.
