In relation to the Stringer and Pereda cases, is it only 20 days or 28 days that must be carried over if employees cannot take leave in one leave year? What is the situation with contractual leave?

Posted in : First Tuesday Q&A NI on 5 January 2010
Arthur Cox
Arthur Cox
Issues covered:

In the cases mentioned the European Court of Justice (ECJ) ruled that all workers are entitled to up to four weeks' holiday pay for each year they are on sick leave and that accrued but untaken holiday can be carried over, in certain circumstances, into a subsequent leave year. The rulings currently only relate to four weeks' holiday (20 days' holiday for a worker on a five day week); this is because it is based on the European Working Time Directive (2003/88/EC) which provides workers with four weeks annual holiday.

The Working Time Regulations (Northern Ireland) 1998 exceed the Directive by providing 5.6 weeks’ (or 28 days) leave. On a strict interpretation the ECJ’s rulings are limited

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Back to Q&A's This article is correct at 02/09/2015

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Arthur Cox
Arthur Cox

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