In a recent ECJ decision of ANGED v FASGA, the matter of sickness during periods of booked annual leave was discussed.
It has now been widely discussed and accepted that holiday continues to accrue during periods of long term sickness however this case discussed what happens if an employee’s falls sick during a period of holiday?
The employees in the above case argued that they should have paid annual leave even where that leave coincided with sick leave. The employer’s however had a policy in place that stated that if employees fell ill before or during annual leave, they were not entitled to take that annual leave later on.
It was held that while an employee is sick they are not resting, they are recovering and therefore they cannot be on holiday. Therefore when a worker is sick during annual leave then, irrespective of when that period of sickness began, they are entitled to take their annual leave at a later time.
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