Sick leave and annual leave operate independently in UK law. Being signed off does not mean your holiday entitlement stops accruing — and you can usually choose to take it if you want to.
Key Rules at a Glance
| Question | Answer |
|---|---|
| Does holiday accrue during sick leave? | Yes — full 5.6 weeks per year |
| Can you take holiday while signed off sick? | Yes — request it through normal channels |
| Does annual leave pay replace SSP? | Yes, for the days you take as holiday |
| Can you carry over holiday unused due to illness? | Yes — up to 18 months carry-over |
| Can your employer force you to take holiday while sick? | Technically yes, with proper notice |
Why You Might Want to Take Holiday During Sick Leave
The most common reason is pay. SSP is £116.75/week (2025/26) — significantly below full wages for most people. Taking annual leave replaces SSP with full holiday pay for those days, providing a temporary income boost. This is entirely lawful and widely practised.
Other reasons include:
- Recovering a short-term holiday that was cancelled due to illness
- Using up holiday before the leave year ends to avoid losing it
- Taking a break during a long absence that may genuinely aid recovery
Requesting Holiday While Sick
- Follow your employer’s normal holiday request process (written or through HR system)
- State the dates you wish to take as annual leave
- Employer processes the leave — you receive holiday pay, SSP is suspended for those days
- Your sick note continues after the holiday period ends
You remain signed off sick throughout — the sick note does not end because you took a few days’ holiday.
Carry-Over Rights: Key Facts
Following the Stringer v HMRC ruling and UK retained law:
- Holiday unused because of illness can be carried over for up to 18 months
- Employer must actively tell you about unused leave and carry-over rights
- If you leave employment without having taken the carried-over leave, you receive holiday pay in lieu
What Happens to Your Sick Pay If You Take Holiday While Off Sick?
If you take annual leave while signed off sick, your sick pay arrangement is replaced by holiday pay for the days you designate as annual leave — and your sick pay resumes when the leave ends.
This is relevant because:
- Contractual sick pay — some employers pay enhanced sick pay for a period, then revert to SSP. Taking annual leave during sick leave is paid at your normal holiday rate (which may be higher than SSP)
- SSP — if you were on SSP only, annual leave days during sick leave are paid at your normal holiday rate — a better rate than SSP (£116.75/week in 2025/26)
You choose whether to request annual leave during sick leave — you cannot be required to take it (except in very limited situations covered by separate regulations). The employer also cannot refuse annual leave requests from someone off sick, except where operational requirements genuinely prevent it.
If you return to work with untaken annual leave accrued during sick leave and do not have time to take it before the leave year ends, that leave carries over to the following year (see the Carry-Over rules guide for detail).