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Holiday Entitlement During Periods of Sick Leave - Further Developments

David Reid
25th Sep 2009

The recent European Court of Justice decision in the Spanish case of Pereda has provided some further clarification on the question of when employees who are absent from work due to sickness are entitled to take annual leave under the Working Time Directive.

 

Earlier this month the ECJ definitely decided that where an employee is on sick leave prior to the start of a scheduled period of annual leave, under the Working Time Directive, the employee can choose not to take that period of annual leave, but to take the annual leave at another time once he or she has recovered, even if that means it cannot be taken by the end of the current leave year.

In update number 52, we reported on the House of Lords decision in Stringer that their Lordships had not been able to address this important issue under UK law.

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