Introduction to Calling in Sick on a Declined Holiday
When your employer declines your holiday request, you are expected to work as usual on those days. But what happens if you genuinely fall ill during this period? Calling in sick on a declined holiday means notifying your employer that you are unfit for work due to illness, even though your request for annual leave was not approved. This situation can be confusing, especially when it comes to your rights, pay, and the distinction between different types of leave.
Understanding the difference between annual leave and sick leave is essential. Annual leave is the paid time off you are entitled to take for rest and relaxation, as set out in your employment contract and by law under the Working Time Regulations 1998. Sick leave, on the other hand, is time off granted when you are unwell and unable to perform your job. The rules for each type of leave – including how they are requested, recorded, and paid – are different. For a clearer breakdown, see our guide on the differences between sick leave and annual leave.
This topic matters because your rights and entitlements can be affected by how your absence is classified. For example, if you are off sick on a day when your holiday request was declined, you should be treated as being on sick leave, not annual leave. This distinction has important implications for your pay and holiday entitlement. Statutory Sick Pay (SSP) may apply, and your employer cannot deduct this time from your annual leave entitlement. However, you must follow your employer’s sickness reporting procedures and provide any required medical evidence.
Knowing your rights helps prevent misunderstandings and ensures you are treated fairly. UK law protects employees from being unfairly penalised for genuine illness, even if it occurs during a period when you had hoped to take holiday. If you want to understand more about how annual leave and sick pay are calculated, or what your overall holiday rights are, visit our section on calculating and taking your holiday.
Can You Call in Sick During a Declined Holiday?
Can You Call in Sick During a Declined Holiday?
If your employer has declined your holiday request and you then fall ill, you might wonder whether you can call in sick and have your absence treated as sick leave instead. Understanding your rights and responsibilities in this situation is important to avoid misunderstandings or potential disciplinary action.
Can You Change a Declined Holiday to Sick Leave?
The short answer is: you cannot retroactively change a declined holiday into sick leave simply by calling in sick on those dates. If your holiday request was not approved, those days remain normal working days. However, if you are genuinely unwell and unable to work, you are entitled to take sick leave – regardless of whether you had originally hoped to be on holiday.
Legal Perspective on Illness During Unapproved Leave
Under the Employment Rights Act 1996, employees have the right to statutory sick pay (SSP) if they are too ill to work, provided they meet the eligibility criteria. This right applies even if you become ill on days when you had requested (but were denied) holiday. Your employer cannot refuse your statutory sick leave or pay simply because your holiday request was declined.
However, it is crucial to note that if you call in sick after a holiday request has been refused, your employer may scrutinise your absence more closely. They may require evidence of your illness, such as a fit note from your GP, especially if the timing raises concerns about the legitimacy of your sickness.
Employer Rights and Employee Responsibilities
Employers have the right to manage holiday requests and ensure adequate staffing. If your request for leave is declined, you are expected to attend work as usual. If you are genuinely ill, you must follow your company’s sickness reporting procedures – typically notifying your employer as soon as possible and providing medical evidence if required.
Failing to follow the correct procedures or providing false information about your illness can lead to disciplinary action, including dismissal for misconduct. On the other hand, if you follow all the correct steps and provide appropriate evidence, your absence should be treated as sick leave, not unauthorised absence or holiday.
For a comparison of how sickness affects other employment situations, such as redundancy, see What Your Employer Must Do If You Are Off Sick During Redundancy.
Practical Advice
- Always inform your employer promptly if you are too ill to work, even if your holiday request was refused.
- Provide any required documentation, such as a self-certification or fit note, according to your employer’s policy.
- Be honest about your situation – misrepresenting your illness can have serious consequences.
By understanding your rights under UK law and following proper procedures, you can ensure your absence is managed fairly and legally.
What to Do If You Become Ill During a Declined Holiday
If you become unwell during a period when your holiday request has been declined, it’s important to follow the correct steps to protect your rights and ensure you’re treated fairly. Here’s what you should do:
Notify Your Employer Promptly
As soon as you realise you are too ill to work, inform your employer straight away – ideally before your scheduled start time. Most employers have a specific sickness reporting procedure, which may include calling a manager, emailing HR, or using an online system. Check your staff handbook or employment contract for the exact process. Failing to follow these rules could result in your absence being treated as unauthorised, potentially affecting your pay or disciplinary record.
For practical guidance on reporting sickness absence and what employers should record, you can refer to the Acas resource on Recording absence – Managing sickness absence.
Follow Your Company’s Sickness Reporting Procedures
UK law, including the Employment Rights Act 1996, requires employees to notify their employer of sickness as soon as reasonably practicable. Your company may ask for specific information, such as:
- The nature of your illness (you don’t have to share full details, just enough to explain your absence)
- The likely duration of your absence
- Updates if your condition changes
Keep a record of your communication (such as emails or call logs) in case you need to refer to them later.
Provide Evidence of Your Sickness
For the first seven calendar days of sickness, you can usually self-certify your illness. This means you complete a form or provide a written statement to your employer explaining your absence. Learn more about the rules and process in our guide to Self-Certification for Sickness.
If your illness lasts longer than seven days, you’ll need to provide a fit note (sometimes called a doctor’s note) from your GP or hospital doctor. This official document confirms you are not fit for work and may include recommendations for adjustments. For a detailed explanation of when and how to use fit notes, see our section on Fit Notes and Doctor’s Notes, or consult the official Fit note: guidance for patients and employees – GOV.UK.
Why Proper Notification Matters
Reporting your sickness correctly ensures you receive any statutory sick pay (SSP) or company sick pay you’re entitled to. It also protects your employment rights, as failing to follow procedures could lead to disciplinary action or loss of pay. Importantly, your employer cannot force you to take holiday for a period you are genuinely unwell, even if your original holiday request was declined.
If you’re interested in how sickness absence can affect other employment situations, such as redundancy, you might find our guide on Off Sick During Redundancy Notice? helpful for comparison.
By following these steps and understanding your rights, you can make sure your illness is handled appropriately – even if it occurs during a time when you had hoped to be on leave.
Impact on Pay and Statutory Sick Pay (SSP)
When you call in sick during a period when your holiday request has been declined, your pay and entitlement to Statutory Sick Pay (SSP) are affected by several factors. Understanding your rights in this situation can help you make informed decisions and ensure you receive the correct payments.
How Does Calling in Sick Affect Your Pay?
If your employer has already refused your holiday request and you then become unwell, you are not on annual leave – you are expected to be at work. If you are too ill to work, you should follow your employer’s sickness absence reporting procedures as soon as possible. Provided you do this, your absence should be treated as sick leave, not holiday. This means you may be entitled to SSP (or contractual sick pay if your employer offers it), rather than your usual salary or holiday pay.
It’s important to note that if you do not follow the correct sickness reporting process, your employer may treat your absence as unauthorised, which could affect both your pay and disciplinary record.
Statutory Sick Pay: Eligibility Criteria
To qualify for SSP, you must meet certain requirements. Generally, you need to be classed as an employee, have done some work for your employer, and earn at least £123 per week (as of 2023/24). You must also be off sick for at least four consecutive days (including non-working days). The fact that your holiday request was declined does not affect your eligibility for SSP, as long as you meet the standard criteria. For a detailed breakdown of who qualifies, see our guide on Eligibility for Statutory Sick Pay or consult the government’s official SSP eligibility rules on GOV.UK.
How Is SSP Calculated?
SSP is paid at a flat weekly rate set by the government (£109.40 per week for 2023/24), for up to 28 weeks. Your employer pays SSP in the same way as your normal wages, deducting tax and National Insurance as usual. If your employer offers contractual sick pay, you may receive more than the statutory minimum. For step-by-step guidance on working out your entitlement, visit Calculating Your Statutory Sick Pay.
Duration of SSP and Extensions
You can receive SSP for up to 28 weeks in any period of sickness. If your illness lasts longer, or you have multiple linked periods of sickness, the rules about duration and extensions may apply. For more details on how long SSP can be paid and what happens if you are still unwell after 28 weeks, see Statutory Sick Pay Duration and Extensions.
Additional Considerations
If you have questions about other types of employment benefits, such as occupational sick pay or your rights while on sick leave, you may find it useful to explore our overview of Sick Leave and Sick Pay. This can help you understand the broader context of your rights and options under UK employment law.
By knowing your entitlements and responsibilities, you can ensure you receive the correct pay and protect your rights if you become ill during a period when your holiday request has been declined.
Effect on Holiday Entitlement and Pay
When your employer declines your holiday request and you subsequently fall ill during the period you would have taken off, it’s natural to wonder how this affects your annual leave and pay. Here’s what you need to know about your rights and what happens to your holiday entitlement and pay in these circumstances.
Sickness During Declined Holiday: What Happens to Your Leave?
If your holiday request was declined and you become unwell during that same period, you are generally treated as being off sick, not on holiday. This means the days you are absent due to illness should be recorded as sick leave rather than annual leave. Under the Working Time Regulations 1998, you have the right to take your holiday at a later date if you were unable to do so due to sickness, but this only applies if your holiday had been approved and you fell ill. If your holiday wasn’t approved, and you call in sick, your annual leave entitlement remains unaffected – you do not lose any holiday days, as you were never officially on holiday.
Can You Reclaim Lost Holiday Days?
Since your holiday request was declined, you haven’t actually lost any annual leave. You should not need to reclaim holiday days because they were never deducted from your entitlement in the first place. Your employer cannot count your sickness absence as holiday, and your statutory holiday entitlement continues as normal. If you had been on approved holiday and fell ill, you would have the right to ask for those days to be reclassified as sick leave and reschedule your holiday for another time.
Impact on Holiday Pay and Long-Term Sickness
If your sickness absence becomes long-term, your entitlement to paid holiday can become more complex. You continue to accrue holiday entitlement while off sick, even if you are receiving Statutory Sick Pay (SSP) or no pay at all. You are also entitled to take your accrued holiday during your sickness absence, which may be paid at your normal rate rather than SSP. For a detailed explanation of how your holiday pay entitlement is affected during extended periods of illness, see our guide on Holiday Pay Entitlement During Long-Term Sickness.
For more on how annual leave works and your rights around paid leave, visit Calculating and Taking Your Holiday.
Key takeaway: If your holiday request was declined and you call in sick, your annual leave entitlement is protected. Your employer should treat your absence as sickness, not as holiday, and your holiday pay and entitlement should remain unaffected unless your sickness becomes long-term, in which case additional rules apply.
Additional Considerations and Employee Rights
When dealing with sickness during a period when your holiday request has been declined, it’s important to understand not only your basic rights, but also the additional protections and benefits that may apply to your situation. Here are some key considerations:
Employee Benefits During Sickness
If you are unwell and unable to work, you may be entitled to certain employee benefits. These can include Statutory Sick Pay (SSP), company sick pay schemes, and access to occupational health support. The exact benefits you receive will depend on your employment contract and your employer’s policies. It’s a good idea to review your contract or speak to your HR department to clarify what support is available. For a broader overview of the types of support you might be entitled to, visit our guide on employee benefits.
Rights Related to Mental Health and Sickness
Mental health conditions are treated in the same way as physical illnesses under UK employment law. If you are experiencing stress, anxiety, depression, or another mental health issue that affects your ability to work, you have the right to take sick leave. Employers must handle mental health absences sensitively and in line with the Equality Act 2010, which protects employees from discrimination related to disabilities, including many mental health conditions. For more information on your rights and the support available, see our page on mental health and work: your rights.
Special Considerations: Pregnancy and Sickness
If you are pregnant and become unwell, there are specific protections in place. Pregnant employees are entitled to the same sick pay as other employees, but there are additional rules to consider. For example, if you are off sick with a pregnancy-related illness in the four weeks before your due date, your maternity leave may automatically start. To understand how sick pay works during pregnancy and what rights you have, read our dedicated section on sick pay rights during pregnancy.
Handling Absences and Employer Responsibilities
Employers are required to manage absences fairly and in line with employment law. This includes following proper procedures when recording sickness, ensuring you are not penalised unfairly for genuine illness, and making reasonable adjustments if you have a disability. If you have concerns about how your absence is being managed, or if you want to know more about your employer’s responsibilities, our guide to managing employee attendance and capability provides further legal context and practical advice.
By understanding these additional considerations and your rights, you can make informed decisions and ensure you receive the support and protection you are entitled to during periods of sickness – whether or not your holiday request was approved.
What If You Need to Leave Work Early Due to Illness?
If you start feeling unwell during your shift, you have the right to inform your employer and leave work early due to illness. This is known as “going home sick halfway through the day.” The process is straightforward: you should let your manager or supervisor know as soon as possible, following your workplace’s normal sickness reporting procedure. Depending on your employer’s policy, you may need to provide details about your illness and, if your absence continues, you might be asked for a self-certification or a fit note from your GP.
When your holiday request has already been declined, and you become genuinely ill at work, your situation is treated the same as any other sickness absence. UK employment law, specifically the Employment Rights Act 1996, protects your right to statutory sick pay (SSP) if you meet the eligibility criteria. Your employer cannot force you to use annual leave for time off due to illness, even if your original intention was to take holiday. Instead, the portion of the day you are absent due to sickness should be recorded as sick leave, not holiday.
It’s important to note that sick leave during a declined holiday request does not automatically entitle you to the holiday you originally wanted. However, if you are genuinely ill and unable to work, your employer should treat your absence as sickness and pay you accordingly. Keep clear records and communicate openly with your employer to avoid misunderstandings.
For more details on the steps to take and your rights when leaving work early because of illness, see our guide on Going Home Sick Halfway Through the Day.
If you’re interested in how sickness absence might affect other employment situations, such as redundancy, you may also want to read about what your employer must do if you are off sick during redundancy.
Resolving Disputes and Getting Help
When disagreements arise with your employer about calling in sick during a declined holiday, it’s important to know your rights and the best steps to resolve the issue. Here’s how you can approach disputes and where to turn for support.
Try to Resolve Issues Informally
Many workplace disputes can be settled informally before they escalate. If your employer questions your sick leave or refuses to adjust your holiday entitlement, start by having an open and honest conversation. Explain your situation clearly and provide any medical evidence if required, such as a fit note from your GP. Keeping records of your communications and any relevant documents can be helpful.
If you’re unsure how to approach this, consider reading more about informal resolution for employment disputes. This can help you prepare for a constructive conversation and understand your options if the issue continues.
Know Your Legal Rights
Under the Employment Rights Act 1996 and the Working Time Regulations 1998, employees are entitled to statutory sick leave and holiday rights. If you become unwell during a period when your holiday request was declined, you are still entitled to statutory sick pay (SSP) if you meet the eligibility criteria. Your employer cannot treat sick leave as holiday or penalise you for being genuinely ill.
If your employer refuses to recognise your sick leave or wrongly deducts holiday, this may breach your legal rights. For a broader understanding of your entitlements and what to do if your holiday rights are not respected, see Your Guide to Holiday Entitlement and Paid Leave Rights in the UK.
Escalating the Dispute
If informal discussions do not resolve the issue, you may need to follow your employer’s formal grievance process. Every workplace should have a written procedure for raising concerns. The Acas Code of Practice on disciplinary and grievance procedures | Acas sets out the minimum standards employers and employees should follow. Referring to this code can help ensure your complaint is handled fairly and professionally.
If your dispute remains unresolved after following internal procedures, you may have the right to take your case to an employment tribunal. Before doing so, it’s often helpful to seek advice from Acas, a trade union, or a legal professional.
Where to Find Further Help
Navigating disputes about sick leave and holiday can be stressful. For further information about your rights and entitlements, including how sick leave and pay work in the UK, visit Sick Leave and Sick Pay: Your Rights and Entitlements in the UK. You can also contact Acas, Citizens Advice, or your local law centre for free, confidential guidance.
Remember, taking proactive steps and understanding your legal protections can make it easier to resolve disagreements and ensure your rights are respected at work.
