Is holiday still owed if an employee falls sick whilst on annual leave?
Posted in : First Tuesday Q&A NI on 5 June 2018
Chris Fullerton
Arthur Cox
In Anged v Fasga [2012] IRLR 779, the ECJ held that a worker who becomes unfit for work whilst on annual leave has the right, under the Working Time Directive, at his request, to take a period of time off as annual leave at a later time after he has recovered. The period of leave to be rescheduled should correspond to the duration of the overlap between the period of annual leave initially scheduled and the period of sick leave.
The ECJ differentiated between the purpose of annual leave “to enable the worker to rest and enjoy a period of relaxation and leisure”, and sick leave which “enables a worker to recover from an illness that has caused them to be unfit for work”.
The employee/worker
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Chris Fullerton
Arthur Cox
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
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