When an employee falls ill in connection with their holiday, it can be both frustrating and confusing – so when exactly are they entitled to replacement holiday? As an employer, it's important that you can guide your staff on their rights and the applicable rules for illness before and during holidays.
In this blog post, we go through the most important rules for replacement holiday and explain how employees should act if they become ill immediately before or during their holiday. The rules depend on when the illness occurs and how it is documented.
Illness before the holiday
If an employee falls ill before their holiday starts, they are not obliged to take the holiday. Instead, to be entitled to take the holiday at a later date, the employee must:
- Notify the employer of their illness before the start of working hours on the first day of the holiday, in accordance with the company’s rules for reporting sick leave.
- Provide documentation of the illness if required by the employer. This can be done via a statutory declaration or a medical certificate. If a medical certificate is required, the employer must cover the cost.
If the sick leave is accepted, the employee has the right to postpone the holiday to a later point in the holiday year, which runs from 1 September to 31 December of the following year.
Illness during company shutdown
If the company is closed for holiday, and an employee falls ill during this period, they can still apply for replacement holiday. However, the employee must be able to document that they attempted to notify the employer – for instance, via email, letter, or phone.
Illness during the holiday
You are only entitled to replacement holiday after five sick days (waiting days) during the holiday, provided you have been employed for a full holiday year.
If you have accrued fewer than 25 holiday days when you fall ill during the holiday, the five waiting days must be adjusted according to the length of your employment, so that you may be entitled to replacement holiday after fewer than five sick days.
If the employee leaves the company partway through a holiday accrual period (1 September – 31 August), the waiting days must also be calculated according to the length of employment and adjusted accordingly, so that replacement holiday can be granted after fewer waiting days.
How waiting days are calculated
The first days of illness are known as waiting days. The number of waiting days is calculated as: Accrued holiday days × 1/5
Example:
If an employee has accrued 10 holiday days, they are entitled to replacement holiday after 2 sick days.
Requirements for replacement holiday
To be entitled to replacement holiday, the employee must:
- Notify the employer of their illness on the first sick day before the start of working hours, according to the company’s rules for reporting sick leave.
- Provide a medical certificate. The employee must pay for the certificate themselves, and it must be issued on the first day of illness – even if the employee is abroad.
Other rules regarding illness and holiday
Postponing replacement holiday
If an employee is unable to take their replacement holiday within the same holiday year due to illness, it can be carried over to the next holiday year. However, the illness must still constitute a holiday obstacle at the end of the holiday period in order to qualify for the carry-over.
Holiday days and additional holiday days
Replacement holiday only applies to standard holiday days – not to additional holiday days, unless otherwise provided for by a collective agreement. Furthermore, the right to replacement holiday only applies in the case of the employee’s own illness, and not if their children or spouse fall ill during the holiday.
Special rules for pay during illness
For employees who are not entitled to pay or only partial pay during illness, special rules apply:
- No pay during illness: The employee accrues sick holiday pay from the second day of each sick period.
- Partial pay during illness: The employee accrues holiday pay on the portion of the wage paid. The employer must pay supplementary sick holiday pay from the second day to cover the difference between normal holiday accrual and sick holiday pay.
Need help?
Are you unsure how to manage employee illness in connection with holidays? Or do you have questions about other legal employment matters?
At Azets, we have experts in HR law who can assist you with everything from holiday planning to employee rights.
Contact us today for professional advice.
FAQ for Ilness during holidays
What should an employee do if they become ill just before their holiday?
Can an employee receive replacement holiday if they fall ill during their holiday?
Who pays for the medical certificate if an employee falls ill during the holiday?
Can an employee receive replacement holiday if they fall ill during a company shutdown?
Can an employee carry replacement holiday over to the next holiday year?
