Employees sick while on annual leave can retake time off

Employees who fall sick during their annual leave have the right to re-take that annual leave a later date, irrespective of when they fell ill, the European Court of Justice (ECJ) has ruled today.

The ECJ stated that "the purpose of entitlement to paid annual leave is to enable the worker to rest and enjoy a period of relaxation and leisure. The purpose of entitlement to sick leave is different, since it enables a worker to recover from an illness that has caused them to be unfit for work."

Previously, the Court has held that a worker who is unfit for work before the commencement of a period of paid annual leave is entitled to take that leave at another time which does not coincide with the period of sick leave.

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