Can You Go From Sick Leave to Annual Leave in Ireland?

Last updated: June 2026 | Based on official guidance from Citizens Information Ireland and the Workplace Relations Commission (WRC).

If you have been off work due to illness and are thinking about taking a holiday before returning to work, you may be wondering: can you go from sick leave to annual leave in Ireland?

The good news is that, in most cases, yes. You can move directly from sick leave to annual leave, provided your annual leave is approved by your employer. However, there are important rules around sick leave, annual leave accrual, medical certification, and employer approval that every employee should understand.

This guide explains your rights under Irish employment law, what happens to your holiday entitlement while you are off sick, and what steps to take if you want to transition from sick leave to annual leave.

What does Irish employment law say?

Annual leave rights in Ireland are primarily governed by the Organisation of Working Time Act 1997 (sections 19-23, as amended). Guidance published by Citizens Information Ireland and the Workplace Relations Commission confirms that employees continue to accrue annual leave during certified sick leave.

The key legal framework covers:

• Minimum annual leave entitlement: at least four working weeks of paid annual leave per year for most full-time employees.
• Accrual during sick leave: statutory annual leave continues to accrue during certified sick leave. This right was formally introduced on 1 August 2015 following EU enforcement proceedings against Ireland.
• Separate rights: annual leave and sick leave are treated as distinct employment entitlements under Irish law.
• Carry-forward: employees who cannot take annual leave due to illness are entitled to carry it forward for up to 15 months after the end of the leave year.
• No mandatory return: there is no legal requirement stating that an employee must return to work before taking annual leave following a period of sickness absence.

Statutory sick pay in Ireland: what you need to know for 2025-2026

A significant change in Irish employment law came with the Sick Leave Act 2022, which introduced statutory sick pay (SSP) for the first time. Before 2023, Ireland was one of the few EU countries with no legal entitlement to paid sick leave, leaving many workers, particularly in retail, hospitality, and care, without income from the first day of illness.

Current SSP entitlement (2025-2026):

• 5 days of paid sick leave per calendar year (the originally planned increase to 7 days in 2025 and 10 days in 2026 was paused by government order in April 2025).
• Paid at 70% of your normal daily wage, up to a maximum of €110 per day.
• Sick days can be taken consecutively or non-consecutively within the calendar year.
• Statutory Sick Leave cannot be carried over to the following year.

To qualify for SSP, you must:

• Be an employee (not a contractor or self-employed person) with a contract of service.
• Have completed at least 13 weeks of continuous service with your current employer before the absence begins.
• Provide a valid medical certificate signed by a registered medical practitioner in the Republic of Ireland, written in English or Irish, covering each day of absence.

See our full guide on how to get a medical certificate online in Ireland.

Once your 5-day SSP entitlement is exhausted, you may be eligible for Illness Benefit from the Department of Social Protection (DSP), which kicks in after 3 waiting days, provided you have sufficient PRSI contributions. If your employer operates a more generous company sick pay scheme, that scheme applies instead of, not in addition to, the statutory minimum.

Can you go directly from sick leave to annual leave?

In many situations, yes. If your period of sick leave ends and you have approved annual leave booked, you can normally move directly from one form of leave to the other without returning to work in between.

Practical example:

Your employer’s normal holiday approval procedures still apply. Annual leave should usually be requested and approved in accordance with company policy, ideally well in advance of the planned dates.

If you know you want to take annual leave after recovering from illness, it is best to discuss this with your employer as early as possible.

Do you continue to accrue annual leave while off sick?

Yes. This is one of the most important employee protections in Irish law. Being absent due to illness does not reduce your statutory holiday entitlement, provided your absence is covered by a medical certificate. This right is confirmed by the Workplace Relations Commission and by Citizens Information Ireland.

Annual leave accrues during the following types of leave:

• Certified sick leave
• Maternity leave
• Paternity leave
• Adoptive leave
• Parental leave
• Parent’s leave
• Force majeure leave
• The first 13 weeks of carer’s leave

Important: annual leave does not accrue during uncertified sick leave, temporary lay-off, or career breaks. Medical certification is the key requirement.

How is annual leave calculated in Ireland?

Understanding how your annual leave is calculated is important, particularly if you have been off sick for part of the year. Under sections 19-21 of the Organisation of Working Time Act 1997, an employer must apply whichever of the following three methods gives the employee the greatest entitlement:

Important rules around hours worked for calculation purposes:

• Time on annual leave, maternity leave, paternity leave, parental leave, adoptive leave, force majeure leave, and the first 13 weeks of carer’s leave counts as hours worked.
• Time on certified sick leave also counts towards the hours used in the annual leave calculation.
• For part-time employees, Method 3 (8%) is typically the most beneficial formula.

Example for a part-time employee working 20 hours per week: 20 hrs x 52 weeks x 8% = 83.2 hours of annual leave per year (approximately 4 weeks at 20 hours each).

The standard leave year runs from 1 April to 31 March, unless your contract specifies a different period. Employees with at least 8 months of service are entitled to an unbroken block of two consecutive weeks of annual leave if requested.

Do you have to return to work before taking annual leave?

Not under Irish law. Many employees assume they must return to work for a day or two before taking annual leave following sick leave, but the Organisation of Working Time Act 1997 imposes no such requirement.

That said, employers may have workplace procedures requiring:

• A return-to-work interview or meeting
• A fit-to-work assessment or medical clearance
• An occupational health review
• Medical confirmation that you are capable of resuming normal duties before annual leave commences

These procedures are more common after long-term sickness absence (typically absence lasting four weeks or more) or where health and safety obligations are particularly relevant, such as in healthcare, construction, or transport roles. If you are unsure about your employer’s requirements, check your employment contract or speak with your HR department before making holiday arrangements.

Can you go on holiday while on sick leave?

This is a meaningfully different question from taking annual leave after sick leave ends. Irish employment law does not specifically prohibit travel during sick leave, but any activities you undertake should be consistent with your medical condition and the reasons for your absence.

Context matters:

• Someone signed off with work-related stress or burnout may benefit medically from a restful holiday abroad.
• Someone signed off due to a serious musculoskeletal injury may face questions from their employer if they undertake physically demanding travel or activities.

If you are considering travelling while on sick leave:

1. Follow your doctor’s medical advice and check whether travel is consistent with your treatment plan.
2. Review your employment contract: some contracts contain explicit provisions about activities during sick leave.
3. Inform your employer if company policy requires it.
4. Keep records of any medical recommendations supporting travel.
5. Check your sick pay entitlements: some employer schemes specify conditions on activity during certified absence.

Being on sick leave does not automatically mean you must remain at home. However, activities that appear to contradict the stated medical reason for your absence may lead your employer to question your entitlement to sick pay or result in disciplinary proceedings. When in doubt, discuss it with your GP.

What happens if you become sick during annual leave?

If you fall ill during a period of annual leave and obtain appropriate medical certification, those days can generally be treated as sick leave rather than annual leave. This means the annual leave days you were ill on are preserved and can be taken at a later date.

Steps to protect your entitlement:

1. Attend your GP (or a doctor available in your location if you are abroad) as soon as possible and obtain a medical certificate covering each day of illness. You can also get a medical certificate online in Ireland.
2. Notify your employer promptly, following your company’s sickness reporting procedures.
3. Submit the medical certificate on your return.
4. Request that the relevant days be reclassified from annual leave to sick leave in your employer’s records.

When properly certified, those days should not be deducted from your annual leave allowance. Note, however, that they will count towards your statutory sick pay entitlement for the year if you are eligible for SSP under the Sick Leave Act 2022.

Can you carry forward annual leave after long-term sick leave?

Yes. If illness prevents you from taking your annual leave during the relevant leave year (1 April to 31 March in most cases), Irish law allows unused statutory annual leave to be carried forward for up to 15 months after the end of that leave year. This is confirmed by the Workplace Relations Commission.

Important distinctions:

• Statutory carry-forward: up to 15 months (for leave that could not be taken due to illness).
• Standard carry-forward: most contracts allow unused leave to be carried into the first 6 months of the following leave year, but this is contractual, not statutory.
• Payment in lieu: on termination of employment within the 15-month carry-forward period, you are entitled to payment for any untaken statutory annual leave that accrued due to illness.

Can your employer refuse annual leave after sick leave?

Potentially, yes. While employees have a legal entitlement to annual leave under the Organisation of Working Time Act 1997, employers generally have the right to determine when leave is taken, subject to reasonable consideration of the employee’s preferences and circumstances.

When making decisions about annual leave timing, employers should:

• Take operational requirements into account (staffing levels, seasonal demand).
• Give proper consideration to the employee’s circumstances and preferences.
• Consult with the employee and provide reasonable notice if a leave request is being declined.
• Comply with their statutory obligations under the Organisation of Working Time Act.

An employer is unlikely to be entitled to refuse annual leave simply because it follows a period of sickness. However, leave may be rescheduled due to staffing shortages, business demands, or existing holiday commitments from other employees. If you believe your employer is unreasonably withholding annual leave, you can raise a complaint with the Workplace Relations Commission.

Summary: key questions at a glance

Practical steps before taking annual leave after sick leave

To make the transition from sick leave to annual leave as smooth as possible:

1. Inform your employer early. If you expect to take annual leave immediately after your recovery, discuss it as soon as possible, ideally while still on sick leave.
2. Follow your company’s leave procedures. Submit your annual leave request through your employer’s normal booking system, even if the request is retrospective or last-minute.
3. Ensure your sick leave is formally closed. The sick leave period must formally end before annual leave begins. This matters for accurate SSP calculations and HR records.
4. Keep your medical records. Retain copies of all medical certificates (sick certs) and any correspondence relating to your sickness absence for your own records.
5. Confirm leave approval in writing. Avoid booking travel or making firm plans until your annual leave has been formally approved by your employer.
6. Attend any required return-to-work procedures. If your employer requires a return-to-work interview, fitness-for-work assessment, or occupational health review, engage with this process proactively.
7. Be transparent. Open communication with your employer helps avoid misunderstandings and supports a positive working relationship on your return.

The bottom line

For most Irish employees, the answer to the question – can you go from sick leave to annual leave in Ireland? – is yes. Irish employment law allows workers to take annual leave following a period of certified sickness absence, and your annual leave entitlement continues to build up while you are off sick. In cases of long-term illness, unused statutory holidays can be carried forward for up to 15 months.

The introduction of the Sick Leave Act 2022 adds another layer to consider: statutory sick pay (5 days per year at 70% of normal wages, capped at €110 per day) is now a legal entitlement for most employees with at least 13 weeks of service. Sick leave and annual leave are separate rights, and neither replaces the other.

The most important practical steps are to follow your employer’s leave procedures, communicate openly about your plans, and ensure all required medical documentation is in order.

If you are unsure about your rights, consult your employment contract, speak with your HR department, or seek guidance from the Workplace Relations Commission.

Sources

• Citizens Information Ireland – Annual Leave Guidance
• Citizens Information Ireland – Sick Leave and Sick Pay
• Workplace Relations Commission – Annual Leave
• Workplace Relations Commission – Sick Leave
• Organisation of Working Time Act 1997
• Sick Leave Act 2022
• Department of Enterprise, Tourism and Employment – Statutory Sick Leave Update, April 2025