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Pereda v Madrid Movilidad SA

This report relates to 1 case(s)

Working Time Directive | holiday | sick leave | period of sickness occurring during holiday

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.

Spanish law provides that periods of paid annual leave, which may not be replaced by an allowance in lieu, should be scheduled by mutual consent between the employer and the employees, in accordance with the provisions of collective agreements on the annual planning of leave.