- EU law does not require holiday to accrue during parental leave (Tribunalul Botoşani and Ministerul Justiţiei v Dicu)
- What are the practical implications of this judgment?
- What is the relevant background?
- Background law
- Background facts
- What did the ECJ decide?
- Case details
Employment analysis: The situation of a worker on parental leave is different to that of a worker who is on sick leave or who has exercised her right to maternity leave. Accordingly, a period of parental leave cannot be treated as a period of actual work for the purpose of determining that worker’s entitlement to paid annual holiday under Article 7 of the Working Time Directive 2003/88/EC. Therefore Article 7 does not preclude a provision of national law which provides that paid annual holiday does not accrue during parental leave, according to the European Court of Justice.
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