Holidays Act 2003

38 Sickness, injury, or bereavement arising before scheduled annual holidays

(1)

This section applies if—

(a)

an employee has been allowed to take annual holidays under this subpart; and

(b)

before taking those holidays, the employee—

(i)

becomes sick or injured; or

(ii)

has a spouse or partner or dependant who becomes sick or injured; or

(iii)

suffers a bereavement as described in section 69(2).

(2)

The employer must allow the employee to take—

(a)

any period of sickness or injury that the employee would otherwise take as an annual holiday as sick leave:

(b)

any period related to the bereavement that the employee would otherwise take as an annual holiday as bereavement leave.

Section 38(1)(b)(ii): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).