Yes, if you fall ill during annual leave in the UK, you can reclaim those days by notifying your employer and providing medical evidence. This right comes from EU case law (the Pereda and Sobar decisions) and is recognised by the UK courts. The principle is simple: annual leave is for rest and relaxation. If you cannot enjoy it because you are sick, it should not count as annual leave.
Key Takeaways
- You can reclaim annual leave days that coincide with illness — whether the illness started before or during your leave.
- You must notify your employer that you are sick during your annual leave and follow their sickness notification procedure.
- A fit note may be required if your illness lasts more than seven calendar days — or your employer may accept a self-certification for shorter periods.
- Reclaimed leave can be taken at a later date — your employer cannot refuse to let you take it.
- The same right applies to bank holidays that fall within a sickness period — you can reclaim those too.
How It Works
If you fall ill during a period of annual leave, you must:
- Notify your employer that you are unwell, following their normal sickness reporting procedure
- Provide evidence — self-certification for the first seven days, a fit note (formerly called a sick note) for longer periods
- Request to reclaim the period of illness as sick leave rather than annual leave
Once your employer agrees (and they must, based on current case law), those days are reinstated as annual leave that you can take at another time. Your employer records the period as sickness absence rather than annual leave taken.
Important: You cannot simply stay on holiday, recover, and then claim the days back upon return. You must notify your employer while you are ill. If you wait until you are back in the office to mention you were sick, your employer may legitimately refuse the request.
Does My Employer Have to Agree?
Yes — but there is a practical challenge. The UK’s domestic legislation (the Working Time Regulations 1998) does not explicitly address reclaiming annual leave due to sickness. However, the European Court of Justice decisions in Pereda (2009) and Sobar (2018) established that workers have the right to reschedule annual leave that coincides with sickness absence. These decisions were incorporated into UK law via the Working Time (Amendment) Regulations 2020.
Your employer may not be familiar with this right, particularly smaller businesses. If they refuse, you can point them to the Acas guidance on holiday and sickness or the GOV.UK holiday entitlement page.
What About Illness Before Your Leave?
If you fall ill immediately before your annual leave starts and remain ill through the first days of your leave, the same principle applies. You are entitled to take those days as sick leave and reclaim the annual leave for later use. You must report your sickness before the leave starts (or as soon as reasonably possible).
Does This Apply to Bank Holidays?
Yes. If you are sick on a bank holiday that falls within your annual leave, you can reclaim it. Bank holidays are part of your annual leave entitlement for this purpose. See our can my employer make me work bank holidays guide for the distinction between contractual and statutory bank holiday entitlements.
What If I’m Sick Abroad?
The rules are the same, but the practicalities are harder. You still need to:
- Notify your employer according to their sickness policy (by phone or email)
- Obtain medical evidence — a local doctor’s note, translated into English if necessary
- Request to reclaim the days
If you are travelling abroad and fall ill, contact your travel insurance provider for medical assistance and your employer to notify them of your sickness.
What About Self-Certification?
For absences of seven calendar days or fewer, you can self-certify your sickness using form SC2 or your employer’s own form. You do not need a doctor’s note for short illnesses. This means you can reclaim a short period of annual leave without having to see a GP — simply self-certify that you were unwell.
For more on what evidence your employer can ask for, see our sick leave evidence requirements guide.
FAQ
Can my employer count my annual leave as sick leave without me asking?
No. You must formally notify your employer and make the request. They cannot retroactively reclassify your leave without your agreement. If you contact them while sick and ask to reclaim the days, they must agree.
What if my employer says no?
Politely refer them to the Acas guidance and the Working Time (Amendment) Regulations 2020. If they still refuse, you can raise a grievance. An unreasonable refusal to allow you to reclaim annual leave that coincided with sickness could lead to an Employment Tribunal claim.
Can I reclaim annual leave if my child is sick during my holiday?
The right to reclaim annual leave due to sickness applies to your own illness, not your child’s. However, you may be entitled to time off for dependants — a statutory right to reasonable unpaid time off to deal with an emergency involving a dependant.
Do I lose the right to reclaim if I recover during the holiday?
No, but the reclaimed days are only those during which you were actually ill. If you were sick for three days of a five-day holiday and recovered for the last two, you can reclaim three days and keep the remaining two as annual leave.
How long do I have to take the reclaimed leave?
The reclaimed leave must be taken within the same holiday year or, by agreement, carried into the next year. The EU Working Time Directive (as retained in UK law) allows carryover of leave that could not be taken due to sickness.