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Long-term sick cannot carry over holiday indefinitely; 15 months is enough (News, 25 November 2011)

Long-term sick cannot carry over holiday indefinitely; 15 months is enough (News, 25 November 2011)
Published on: 25 November 2011
Published by: LexisPSL
  • Long-term sick cannot carry over holiday indefinitely; 15 months is enough (News, 25 November 2011)

Article summary

With regard to the right to paid annual leave under the Working Time Directive (WTD), (1) the WTD allows national rules which include the loss of that right at the end of a reference period or of a carry-over period, (2) the WTD does not allow national rules which provide that the right will lapse on expiry of a carry-over period without the worker actually having had the opportunity to exercise it, (3) a worker who is unfit for work for several consecutive years and who is prevented by national law from taking his paid annual leave during that period cannot have the right to accumulate, without any limit, entitlements to paid annual leave acquired during that period, and (4) as regards the appropriate length of any carry-over period implemented by national rules, (a) it must be substantially longer than the reference period (eg the leave year) in respect of which it is granted, (b) it must also protect the employer from the risk that a worker will accumulate periods of absence of too great a length, and from the difficulties for the organisation of work which such periods might entail, and (c) the example of a carry-over period of 15 months from the end of the reference period (contained in a collective agreement which applied to certain German workers) satisfies the requirements of the WTD, in that it ensures that the leave retains its positive effect for the worker as a rest period, according to the ECJ in KHS AG v Schulte. or take a trial to read the full analysis.

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