In another piece of news that will be of interest to clients of our HR specialists here at Employee Management Ltd (http://www.employeemanagement.co.uk), it has been ruled by the European Court of Justice (ECJ) that employees who become ill during their annual leave are entitled to re-take their time off on a later occasion, regardless of the exact time their sickness struck.
The ECJ emphasised the difference between sick leave and paid annual leave, asserting that sick leave entitlement had the purpose of allowing “a worker to recover from an illness that has caused them to be unfit for work,” whereas paid annual leave was there “to enable the worker to rest and enjoy a period of relaxation and leisure.”
The UK Government intends to amend the Working Time Regulations 1998 (SI 1998/1833) in recognition of the ECJ case law on illness during annual leave.
As those that make use of our employment law services should already be aware, the Court has previously ruled that employees that are unfit for work before a period of paid annual leave begins have the right to choose a later time at which to take that leave, one which does not coincide with their period of sick leave.
In its judgement on 21 June, the Court deemed as “irrelevant” the precise time when employees are struck down by illness, adding that as a result, “a worker is entitled to take paid annual leave which coincides with a period of sick leave at a later point in time, irrespective of the point at which the incapacity for work arose.”
It continued: “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.”
As established providers of professional HR services to organisations of all shapes and sizes, we are well aware that EU law has long recognised the right of workers who fall ill or suffer injury during a pre-booked holiday period to take the annual leave that coincided with that period of sickness at an alternative time.
The ECJ’s judgement confirms that the same principle applies if the worker’s incapacitation occurs before the holiday and the illness or injury encroaches into the annual leave period.
For more information on and assistance with ensuring conformance with this and other legal developments, simply contact the team of HR consultants at Employee Management Ltd (http://www.employeemanagement.co.uk).
Editor’s Note: Employee Management (http://www.employeemanagement.co.uk) is represented by the search engine advertising and digital marketing specialists Jumping Spider Media. Please direct all press queries to Louise Byrne. Email: [email protected] or call: +44 (0)20 3070 1959 / +34 952 783 637.
The ECJ emphasised the difference between sick leave and paid annual leave, asserting that sick leave entitlement had the purpose of allowing “a worker to recover from an illness that has caused them to be unfit for work,” whereas paid annual leave was there “to enable the worker to rest and enjoy a period of relaxation and leisure.”
The UK Government intends to amend the Working Time Regulations 1998 (SI 1998/1833) in recognition of the ECJ case law on illness during annual leave.
As those that make use of our employment law services should already be aware, the Court has previously ruled that employees that are unfit for work before a period of paid annual leave begins have the right to choose a later time at which to take that leave, one which does not coincide with their period of sick leave.
In its judgement on 21 June, the Court deemed as “irrelevant” the precise time when employees are struck down by illness, adding that as a result, “a worker is entitled to take paid annual leave which coincides with a period of sick leave at a later point in time, irrespective of the point at which the incapacity for work arose.”
It continued: “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.”
As established providers of professional HR services to organisations of all shapes and sizes, we are well aware that EU law has long recognised the right of workers who fall ill or suffer injury during a pre-booked holiday period to take the annual leave that coincided with that period of sickness at an alternative time.
The ECJ’s judgement confirms that the same principle applies if the worker’s incapacitation occurs before the holiday and the illness or injury encroaches into the annual leave period.
For more information on and assistance with ensuring conformance with this and other legal developments, simply contact the team of HR consultants at Employee Management Ltd (http://www.employeemanagement.co.uk).
Editor’s Note: Employee Management (http://www.employeemanagement.co.uk) is represented by the search engine advertising and digital marketing specialists Jumping Spider Media. Please direct all press queries to Louise Byrne. Email: [email protected] or call: +44 (0)20 3070 1959 / +34 952 783 637.