European Decision on Sick Leave & Holidays
Well just like London buses the cases on this are coming thick and fast! You can read our last blog posts on this here and here .
A German case was heard by the European Court of Justice on Tuesday this week regarding whether an employee who was off ill could carry forward holidays. This seems now to be the main issue that is unresolved.
Eversheds have produced a piece for their Education HR publication. Although it’s aimed at educational establishments the impact of the case affects all employers.
You can click through to the article here.
The position now seems to be that workers who are on sick leave have a choice: they can take annual leave if they want to, but if they don’t want to they can insist on postponing their annual leave and taking it at a later date. That can even mean taking it in a later holiday year if it’s not possible to take the leave before the current year ends.
I can’t help that thinking that this is one step forward and then two back. As always with this particular issue – watch this space!
Steve Clark