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NHS Leeds v Larner - Long term sick leave, holiday entitlement, and a failure to request to take leave [2011] EAT

A worker who is unable to take annual leave due to being on long term sick leave is entitled to accrue that leave and either take it on their return to work or be paid in lieu if their employment is terminated. That entitlement is in no way conditional upon them having requested to take leave during their absence.

Mrs Larner was absent sick for over a year. She exhausted her sick pay entitlement of 6 months full pay and 6 months half-pay, but when she originally went off sick she had no holiday planned. During her absence she had regular meetings with HR and Occupational Health, but at no time did ever request that she take annual leave. Eventually she was dismissed due to her ill-health.

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