EU court: Workers sick on leave can get extra time off
Workers who fall sick during their annual leave are entitled to take corresponding paid leave at a later date, the EU's top court has ruled.
The European Court of Justice ruling is legally binding throughout the EU.
Thursday's ruling was prompted by a Spanish trade union case against a group of department stores.
"The right to paid annual leave cannot be interpreted restrictively," the court says. The UK does not have an opt-out in this area of EU labour law.
The court in Luxembourg said the EU Working Time Directive grants workers a right to at least four weeks' paid annual leave "even where such leave coincides with periods of sick leave".
The ECJ says "the point at which the temporary incapacity arose is irrelevant".
"Consequently, a worker is entitled to take paid annual leave, which coincides with a period of sick leave, at a later point in time, irrespective of the point at which the incapacity for work arose."
According to an earlier ECJ ruling, workers who fall sick before a period of annual leave can also reschedule that leave period so that it does not clash with their sick leave.
The UK's opt-out from the Working Time Directive only applies to the directive's clause setting a 48-hour limit on the working week.
The UK government says "no-one can opt out of any other part of the Directive".
The UK and at least 14 other countries use the opt-out, which enables workers voluntarily to work more than 48 hours a week.
Comment number 186.
JeggyJust now
Agree 172,the ignorance of some on this HYS astounds me.My brother can no longer work. Someone came to work with flu, he caught it and became pnuemonia,so strong that it damaged his lungs. He has other conditions too, but getting that sick was the last straw. We almost lost him because of some idiot CHOOSING to come to work. If ill, STAY HOME.Remember that the shoe can be on the other foot!
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Comment number 185.
SB3 Minutes ago
Does that mean if i fall sick on Sunday, I get another day off in lieu of my sunday? a bit ridiculous!!!
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Comment number 184.
Lord Drainlid1 Minute Ago
we are fast becoming a nation of begrudgers and the laughing stock of Europe.
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Comment number 183.
Nigel Holder2 Minutes ago
Businesses can only survive in a globally competitive market if they pay workers for the results of their work. Paying them for being on holiday / sick or to have children may be attractive from a socialist point of view. It is also daft because it creates massive unemployment which in turn generates a huge tax burden. Answer:-make everyone self-employed and let them contract for their services
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Comment number 182.
Pete3 Minutes ago
167.
Bill
"As a self-employed shopkeeper, I offer myself as many sick days as I want.
I don't get paid for them, though, so I take about one every two years.
I don't get paid for holidays, either, so I restrict myself there too."
As my then boss said to me many years ago , this is the life you have chosen
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