Sobczyszyn v Szkoła Podstawowa w Rzeplinie [2016]

Posted In: Case Law
  • Case Reference
    EUECJ C-178/15
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Absence and Sickness, Working Time
Issues covered: Organisation of Working Time; Annual Leave; Convalescence Leave; Taking Leave at Alternative Time

The CJEU has confirmed that employees on sick (or, in this case, on convalescence leave) who have not had the opportunity to take annual leave under the OWT Directive must be permitted to take that leave at another time, even if it means carrying that leave forward to another leave year.

The claimant is a teacher at Rzeplin Primary School. She was granted convalescence leave by her employer, pursuant to Article 73 of the Polish Teachers’ Charter, in order to follow a course of treatment prescribed by a doctor.

There is nothing particularly new here, and it matters not that the annual leave may have been scheduled in advance of any period of sickness or convalescence, provided the purpose of

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This article is correct at 15/07/2016

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