Can employees take sick days as holidays?

It’s a thought you’ve probably had before. And, to jump straight into it, the answer is yes! In most circumstances, employees can indeed take sick days as holidays. 

However, we will warn you, depending on the context, that might not be a great idea.

In the UK, the new Employment Rights Bill (ERB) means sick pay will be available from day one of absence, so you might not need to take a holiday day to cover it. You still can, if you want to, but it might not be the best decision. 

As an employer, allowing employees to mark a sick day off as annual leave is up to you - you can either approve or deny it if you think it’s too short of a notice. But why would employees want to in the first place? What’s the deal? And how can you handle things fairly?

There’s no legal reason why a sick day can’t be converted to a day of annual leave. However, it's ultimately up to the company to decide whether or not to allow it. As the employer, you get to make the call on this one.

Let's take a look at why an employee might push for this, and why it might even seem okay on the surface for businesses. 

Why the employee might be keen:

  • Keeping their sick day record clean: Nobody wants a long list of sick days, right? Swapping one for a holiday can help keep that record looking less… well, sickly.
  • Getting paid when they usually wouldn't: Statutory sick pay (SSP) isn't exactly going to fund a lavish lifestyle. It’s only 80% of your earnings. If your company doesn't offer full pay for sick days, then using a holiday day means the employee will actually get their usual wage for that time off.

Why the company might be keen:

  • Using up holiday allowance: In the company’s favour, it means that a day of allowance is used, meaning there’ll be one more day of productivity later in the year.

But here's where it gets tricky for a company. If you start letting people swap sick days for holidays willy-nilly, your absence records become unreliable, and you’ll lose a clear picture of actual sickness levels within your team.

And if there’s an underlying problem causing the absence, management will be less likely to spot it over the long term (we’ve written previously about effective methods for absence management).

So, whilst the law might not have a strong opinion either way, there are definitely some important things for you, as the employer, to consider before you start letting sick days transform into holiday days.

Can my employer make me use my holiday allowance when off sick?

We’ve heard stories before of managers saying, “You can have the day off sick, but it’ll have to go down as a holiday.” That's not really something you want to hear when you’re genuinely under the weather. It turns out they're not allowed to do that.While it's true that your employer usually has the say on when you can take your holiday – they're the ones who approve or decline those requests, after all – there are rules they need to stick to. 

For them to tell you to take a holiday day, they usually have to give you at least two days' notice for each day of holiday they want you to take. So they can’t force you to take a sick day as a holiday, as there wouldn’t be enough prior warning.

Think about it – a holiday is meant for relaxing, recharging, and doing fun stuff. Being forced to use it when you're genuinely ill and probably just want to curl up on the sofa with a cup of tea isn't really in the spirit of taking a break, is it?

For managers looking to reduce the amount of sickness their employees take, have a look at our post on how to reduce sickness absence in your business.

If an employee takes an emergency day of sickness and later requests it as holiday, it might expose underlying issues in how your workflow is structured. What drove them to do it in the first place? Maybe your policies are too rigid, and your inability to allow an employee that day off as holiday in the first place is a contributing factor. 

Sometimes, a little flexibility can go a long way in building trust and avoiding awkward situations like this down the line.

So, in short: 

  • Employers can't force you to use a holiday for sick days.
  • Notice is key. Employers usually need to give you at least two days' notice for each day of holiday they want you to take.
  • Sometimes, an employee calling in sick might be linked to a denied holiday request, so it's worth understanding if a little flexibility could have helped.
  • Flexibility builds trust.

What happens if you’re sick on holiday?

It's a cruel twist of fate, but it happens. You finally escape the daily grind, ready for some well-deserved rest on your annual family holiday, only to be hit with a rogue case of the flu. Even worse, sometimes you're so unwell you can't even travel in the first place – a real holiday heartbreaker.

If you want to take any holiday as sick leave, then you need to report your sickness to your employer just as you normally would, following their sickness absence policy. This means calling in, emailing, or following whatever procedure your company has to let them know you're out of action and not able to work.

In this case, as an employee, you'd get sick pay for the time you were sick (as long as you are entitled to sick pay), and you'd keep your annual leave to use as a holiday another time.

Think of it this way: 

  1. Sickness on holiday happens.
  2. You report it properly. If you want to log your holiday as sick leave, you need to tell your employer right away, following their usual sickness absence policy.
  3. You get sick pay and keep holiday days.
  4. You come back to the office feeling decently well rested, but still able to take the holiday you were meant to at a later date. 

Holidays are for fun and rest; sick leave is for genuine illness. It's only fair that you don't lose your valuable holiday time if sickness ruins your break.

Dealing with requests to swap sick days for holidays

So, an employee wants to swap a sick day for a holiday. How should you, as the employer, handle this? Considering everything we've discussed, here’s a step-by-step approach that aims for fairness and clarity. This might help you deal with similar situations in the future!

  1. Listen to their request: First, give your employee the chance to explain their reasoning. There might be more to it than just wanting a paid day off. Maybe they genuinely feel well enough now and regret calling in sick (though the timing with the denied holiday request does raise an eyebrow!).
  2. Refer to your company policy: This is your rulebook. What does your policy say about swapping sick days for holidays? If it's silent on the matter, now might be the time to think about adding a clear guideline for the future. If it does have a stance, stick to it consistently.
  3. Consider the timing: The fact that their sick day lined up with a previously denied holiday request is a key point. Approving the swap might signal that employees can cheat the system of the holiday request process by calling in sick and then asking for it to be converted later. This could put a spanner in your holiday planning and approval system.
  4. Let them know: Once you've had a good think about it all, have a proper chat with your employee and let them know your decision. If you're saying "no" to the holiday swap, explain why. You could mention what your company rules say (if they do!) and the potential chaos it could cause. If you decide to let it be just this time, explain why you're making an exception.
  5. Have a quiet word: Communication is key, like always. If you suspect foul play, it’s worth having a polite chat with them about it. This is a friendly reminder about how the holiday request works and why you have those rules in place. It's all about building a bit of understanding and trust for the future, so everyone's on the same page.
  6. Keep it fair for everyone: Whatever you decide, the big thing is to stick to the same rules for everyone else. You don't want anyone to feel like there are different rules for different folks, as that can mess with team spirit and lead to grumbles about favouritism. Consistency is your friend here!

We've untangled the tricky situation of employees wanting to swap sick days for holidays, looked at the legalities, the potential pitfalls, and even how to handle slightly cheeky requests. The main takeaway is that clear company policies and open communication are your best allies in navigating these situations fairly and effectively.

Ultimately, you want to create a workplace where your team feels trusted and understands the rules around taking time off, whether it's for a well-deserved break or because they're genuinely under the weather. Consistency in handling these requests is key to maintaining morale and avoiding accusations of unfairness.

Now, when it comes to actually managing all these different types of leave – holidays, sick days, and everything in between – things can get a bit messy if you're relying on spreadsheets or endless email chains. 

That's where a trusty tool like Timetastic's staff holiday planner can be a real lifesaver.

Timetastic provides a simple and transparent way for your team to request their holidays, see who else is off, and for you to manage those requests efficiently. But it also helps you keep accurate records of any sick leave taken, making it easier to spot patterns and make sure you're not accidentally blurring the lines between planned breaks and genuine illness.

Still not sure if Timetastic is for you? Don’t worry, we offer a FREE 30-day trial, so you can take a look and see for yourself with no strings attached!