European Court rules on sickness during paid leave



Employees who get sick during their annual leave are entitled to take corresponding paid leave at a later date, the European Court of Justice has ruled.

The ruling was made under the Working Time Directive in relation to a Spanish case, but is applicable across the EU, including the UK.
The judge ruled that the purpose of annual leave is to enable workers to have a period of rest and relaxation away from work, whereas the purpose of sick leave is to enable a worker to recover from illness. The ruling means if an illness arises during leave, the worker can interrupt their leave and take it at a later date.



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