Article summary
As regards employment in the public sector, where a worker is absent on account of sickness for an entire leave year, and she does not make a request during that year to take or carry forward any part of her annual leave entitlement, (a) it is not open to the employer to argue that the worker had an opportunity in that year to take paid annual leave; rather the worker is presumed, because of sickness, to have been unable to exercise her right, (b) she retains the right to use that entitlement at a later time after the end of the leave reference year in question, despite the fact she made no request during that leave reference year, and (c) if the leave entitlement relating to that year is still outstanding on termination of employment, and that termination occurs during a subsequent leave reference year, the worker will become entitled to payment in lieu of that earlier year's...
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