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Sick holiday ‎

August 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The EU Court recently ruled that employees who fall sick during holiday are entitled to replacement ‎holiday.‎
In 2009, the EU Court established in Pereda that employees who are sick during their holiday are entitled ‎to replacement holiday – but the Court did not decide definitively in that ruling on whether employees ‎are also entitled to replacement holiday if they fall sick after the holiday has started. Now, this issue has ‎been addressed by the EU Court in this case.‎
The case concerned the Spanish holiday legislation. Under that legislation, employees were entitled to ‎replacement holiday if the reason for their incapacity was pregnancy, birth, breast-feeding, death, ‎hospitalisation of a child or adoption.‎
The Spanish Act was interpreted to mean that incapacity for other reasons would not entitle employees ‎to replacement holiday. However, several Spanish trade unions believed that this interpretation was ‎contrary to the Working Time Directive. The matter ended up before the EU Court, which was asked for a ‎ruling on whether the Working Time Directive prevents employees who become incapacitated after the ‎holiday has started from not being given replacement holiday.
The EU Court ruled that it is contrary to the Working Time Directive for an employee who becomes ‎incapacitated after the holiday has started not to be entitled to replacement holiday. The EU Court ‎placed weight on the fact that the entitlement to paid annual leave was a particularly important ‎principle of EU social law.‎
Norrbom Vinding notes:
  • that the EU Court’s ruling now makes it clear that employees who fall sick during holiday are ‎entitled to replacement holiday; and

  • that the most recent amendments to the Danish Holiday Act (click here) are in full accordance with the ruling.‎
The above does not constitute legal advice and should not be relied upon as such
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