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Illness during Annual Leave: New Ruling from ECJ

Posted on Jun 28, 2012 by Hannah Roche  | 0 Comments

Nobody wants to fall ill on their holidays but the European Court of Justice has handed down a new ruling that will soften the blow for workers.  The ECJ has held that a worker who becomes unfit for work during a period of statutory annual leave must, under the Working Time Directive, be entitled to take the leave at a later date.  It was already clear that a worker who became unfit before a period of statutory annual leave was entitled to take the leave at a later date.  The ECJ indicated that it would be arbitrary and contrary to the purposes of the Directive to take a different view where the worker falls in after the leave has commenced.   

Employers may wish to update their holiday and sickness policies to reflect this new ruling.  If you have any questions about this case or any aspect of employment law, do get in touch. 

Hannah Roche

Head of Employment

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