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EU law does not require holiday to accrue during parental leave (Tribunalul Botoşani and Ministerul Justiţiei v Dicu)

EU law does not require holiday to accrue during parental leave (Tribunalul Botoşani and Ministerul Justiţiei v Dicu)
Published on: 05 October 2018
Published by: LexisPSL
  • 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

Article summary

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. or take a trial to read the full analysis.

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