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Annual leave: National law must not prevent employee from taking leave at later time if sick during allotted leave period

This report relates to 1 case(s)

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    Pereda v Madrid Movilidad SA [2009] IRLR 959 ECJ (1 other report)

    • Pereda v Madrid Movilidad SA

      Date:
      15 September 2009

      The European Court of Justice (ECJ) has held that the Working Time Directive (2003/88/EC) must be interpreted as precluding national provisions or collective agreements that provide that a worker who is on sick leave during a period of annual leave scheduled in his or her employer's annual leave planning schedule does not have the right, after his or her recovery, to take annual leave at a time other than that originally scheduled, if necessary outside the corresponding reference period laid down by national law.

In Pereda v Madrid Movilidad SA [2009] IRLR 959 ECJ, the ECJ held that art.7(1) of the Working Time Directive must be interpreted as precluding national provisions or collective agreements that deny a worker who is on sick leave during a period of scheduled annual leave the right to take the annual leave at a later time, even if this is outside the holiday year in which the annual leave was accrued.