Sick leave does not count as holiday leave

legal updates

If someone falls ill and decides not to take annual leave during a period of illness he/she must be granted equivalent replacement paid holiday leave.

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In a recent case (Francisco Vicente Pereda v Madrid Movilidad SA) it was decided that if someone falls ill and decides not to take annual leave during a period of illness he/she must be granted equivalent replacement paid holiday leave.

The philosophy is that a worker should be entitled to a period of rest, relaxation and leisure, and sick leave is to allow recovery from illness.  The principle applies whether the sickness occurs before or during the period of annual leave.

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