Workers falling sick during annual leave can take the annual leave at a later date
By Kenneth Lees, specialist employment solicitor at Pearson Hinchliffe LLP
Following the earlier case of Pereda v Madrid Movilidad SA, the ECJ has today confirmed that a worker who is sick during paid annual leave is entitled to interrupt the annual leave and take it at a later date. This right arises regardless of whether the sickness started before or during the annual leave.
It is an accepted principle that paid annual leave is to enable a worker to rest and take a period of relaxation and leisure, and that sick leave is to enable a worker to overcome an illness or malady that has rendered him unfit for work. However, today's ruling confirms that the entitlement to take annual leave coinciding with sick leave is not limited to occasions when the sickness arises before the annual leave commences.
Employers will need to assess the potential impact of this case and update their reporting policies and procedures for sickness arising during annual leave.
If you require advice on updating your sickness reporting and annual leave policies and procedures please contact Ken Lees for a no-obligation discussion using the details provided below.
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