Get sick while on annual leave? You're still entitled to all of it

Elessar

http://www.bbc.co.uk/news/world-europe-18534028

Workers who fall sick during their annual leave are entitled to take corresponding paid leave at a later date, the EU's top court has ruled.

The European Court of Justice ruling is legally binding throughout the EU.

Thursday's ruling was prompted by a Spanish trade union case against a group of department stores.

"The right to paid annual leave cannot be interpreted restrictively," the court says. The UK does not have an opt-out in this area of EU labour law.

The court in Luxembourg said the EU Working Time Directive grants workers a right to at least four weeks' paid annual leave "even where such leave coincides with periods of sick leave".

The ECJ says "the point at which the temporary incapacity arose is irrelevant".

"Consequently, a worker is entitled to take paid annual leave, which coincides with a period of sick leave, at a later point in time, irrespective of the point at which the incapacity for work arose."

According to an earlier ECJ ruling, workers who fall sick before a period of annual leave can also reschedule that leave period so that it does not clash with their sick leave.

The UK's opt-out from the Working Time Directive only applies to the directive's clause setting a 48-hour limit on the working week.

The UK government says "no-one can opt out of any other part of the directive".

The UK and at least 14 other countries use the opt-out, which enables workers voluntarily to work more than 48 hours a week.

Carrying leave over
An EU source told the BBC that the ECJ ruling has full, immediate effect EU-wide, regardless of the type or size of employer.

Workers who believe their employer has infringed their right to paid annual leave can seek justice in their national courts.

Infringement cases against employers who violate the directive can also be brought by the European Commission or national governments.

Commenting on Thursday's ruling the Confederation of British Industry said that "as a result of earlier ECJ judgments, this change has already happened in the UK, bringing along headaches for employers".

Guy Bailey, CBI Head of Employment and Employee Relations, said that "with the rules currently under discussion again in Brussels, the CBI would like to see the judgments reversed, so that the directive is focused on the health and safety of the workforce, as originally intended".

The Working Time Directive has been hotly debated in the EU for years. The European Parliament has tried to get the opt-out removed, challenging the UK position.

The UK's Federation of Small Businesses urged the UK government on Thursday to "avoid implementation of any ECJ ruling on annual leave and sick leave for as long as possible, given the ongoing negotiations by the social partners on the Working Time Directive".

The business group said changing UK law in this area again "would be unhelpful, confusing and add burdens for small businesses, which at this time they can ill afford".

In cases where workers fall sick towards the end of the year, and are unable to take all of their annual leave, they can under EU law carry over their unused leave into the next accounting period.

The ECJ has also ruled that the long-term sick have the right to accumulate at least a year of unused annual leave. But the ECJ says the amount is not open-ended and member states can set an upper limit.

So it looks like if you get sick while on your week off, you are now entitled by law to have extra annual leave corresponding to how long you were sick to take at a later date.

No doubt Ireland has some clause where this won't apply to us. Sure aren't employers suffering enough :rolleyes:

amcalester

You'd need some brass balls to claim it back though.

I'd assume that you'd need a cert from a doctor as well.

Nothingbetter2d

Elessar wrote: »

No doubt Ireland has some clause where this won't apply to us. Sure aren't employers suffering enough :rolleyes:

no they have it handy.... they are laying off paid staff and getting free labour to replace them at tax payer's expense :mad:

Jaxxy

Where I work once you produce a cert you can change your leave from annual to sick. It's not that uncommon here.

heavyballs

Last year I was sick for the second week of my hols,rang boss and told him,for the week back A/l,and no I don't work in the public sector

I thought this was the norm

seamus

This is actually the law in Ireland.

If you're sick while on holidays, you're legally entitled to those days back. It's been that way for 15 years.

Gurgle

seamus wrote: »

This is actually the law in Ireland.

Could have been a perfectly good bitching session, and you come along and ruin it with facts.

ScumLord

seamus wrote: »

This is actually the law in Ireland.

If you're sick while on holidays, you're legally entitled to those days back. It's been that way for 15 years.

I wish I'd known, when I went to Spain last year I was awful sick on the second day, got ok by the end of the day but woke up very sick again in the morning. This repeated for my whole time there. I should have put in for a half day each time.

Meauldsegosha

Happened to me last year, was sick the last week of my holidays. Brought a letter from the hospital into work first day back and the leave was returned to me. I just assumed that was the norm.

pickarooney

Gurgle wrote: »

Could have been a perfectly good bitching session, and you come along and ruin it with facts.

He shamelessly seamused the thread.

westendgirlie

If you are off sick you are not entitled to pay for the first 3 days and then you would claim off welfare and not your employer for any further days sick.

If you are on holidays you would normally be paid for this in advance so in effect, you would owe your employers that money back.

mikemac1

This isn't new

You could do this already

Odysseus

Always been the case as far back as I can remember.

seamus

westendgirlie wrote: »

If you are on holidays you would normally be paid for this in advance so in effect, you would owe your employers that money back.

This too is correct.

If you don't get paid for sick leave by your employer, then invoking this right to get your holidays back means that you will lose those days pay for taking them off. So if you don't get paid for sick days, it may be in your interests to say nothing.

Archeron

I was sick for 3 out of 5 days off recently, but unfortunately, I dont paid for sick leave, so it was either lose the holidays or lose the 3 days pay.

prinz

Elessar wrote: »

No doubt Ireland has some clause where this won't apply to us.

Breaking News!!!!!!!

If you are ill during your annual leave and have a medical certificate for the days you were ill, these sick days will not be counted as annual leave days. Instead, you can use these days as annual leave at a later date.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/sick_leave.html