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Extra Time off for Workers Sick on Annual Leave


Lawdit Solicitors - Expert Author

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26 June 2012

There was not much of a choice for a worker if they fell ill during their holiday leave. The law stated that if you became ill and unfit for work before your holiday, then you were allowed to change the date of your holiday to another date; but if you became ill during your leave you were unable to change the date of your holiday leave or regain the time you lost due to sickness.

The law was recently criticised as people felt that workers who work five days a week should be entitled to at least 28 day relaxed leave. The purpose of annual leave is for workers to have free time to do what they want and above all a time when they can relax and enjoy time to themselves. Whilst the purpose of sick leave is for workers to recover from an illness which is making them unfit for work. So if the purpose of sick leave and annual leave are so different then why should people be forced to take them at the same time?

On the 21st June the European court of justice discussed the issue and ruled that if a worker becomes ill during their annual leave, they may claim their leave at a later date if they would like to. The courts stated "It would be arbitrary and contrary to the purpose of entitlement to paid annual leave to grant workers the right to paid leave only if they are already unfit for work when the period of paid annual leave commences". The new rule has now become the law throughout the EU.

Many employers have objected to the new law and are afraid that this move will increase the number of sick days that workers take and in particular extra care will need to be taken in the management of certain individuals.

By Emma Birch

About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.

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Article Published/Sorted/Amended on Scopulus 2012-07-16 10:00:00 in Legal Articles

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