Pereda v Madrid Movilidad SA [2009] IRLR 959 ECJ

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

Date:

23 November 2009

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.