In Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA) and others  IRLR 779 ECJ, the ECJ held that the Working Time Directive prohibits national measures that do not allow workers who become sick during paid annual leave to take that annual leave at a later time.
The European Court of Justice has confirmed that a worker who is sick during a period of annual leave cannot be precluded from taking the holiday at a time other than that originally scheduled, irrespective of when the incapacity for work first arose.
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