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Holiday and sick leave: carry-over period for untaken holiday of nine months unlawful

This report relates to 1 case(s)

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    Neidel v Stadt Frankfurt am Main [2012] IRLR 607 ECJ (1 other report)

    • Working time: Time limit for using carried-over holiday contrary to EU law

      Date:
      24 October 2012

      In Neidel v Stadt Frankfurt am Main [2012] IRLR 607 ECJ, the European Court of Justice held that a German law that required employees to use carried-over annual leave within nine months of the start of the new leave year was contrary to the Working Time Directive. Where a worker has been unable to use the carried-over leave due to sickness, the worker is entitled to payment in lieu of it when the employment ends, but only to the value of the minimum amount of leave required by the Directive.

long-term sick leave | annual leave | holiday pay

The European Court of Justice has held that German legislation allowing for a carry-over period for untaken holiday of nine months, with the result that public servants forfeit their leave if it has not been taken within the period of nine months after the end of the leave year because of sickness, is unlawful.