Employment law ruling allows ill workers to reclaim leave

Posted 15/09/2009

A new European employment law ruling is to allow workers to reclaim and reschedule allocated holiday time which is disrupted by illness.

The European Court of Justice (ECJ) has established a new precedent which means that ill workers can choose to move their paid leave to another time, even if this means carrying it forward to the next holiday year.

This ruling is based on a new interpretation of the European Working Time Directive and comes after a landmark ruling on the case of a Spanish council worker.

Francisco Pereda was able to successfully argue that his holiday leave should be rescheduled after suffering ill-health shortly before it was due to commence.

The ECJ ruled that the purpose holiday time is rest and recuperation, which Mr Pereda would be denied due to his illness.

Public sector union Unison has backed this ruling, with a spokesman telling the Guardian: “If employees are ill, then they are obviously not enjoying a holiday.”