Employees are entitled to recover their holiday leave if they become sick.
In the above case, the Court of Justice of the European Union (CJEU) has repeated the ECJ’s previous finding in Perada that an employee who is on sick leave during a planned period of holiday can insist on their leave being reclassified as sick leave and their annual leave ‘reinstated’ to be taken at a different time.
The Court also went on to find that it is irrelevant as to when the employee becomes sick which means that if an employee falls sick whilst on annual leave they can seek to reschedule their leave.
This poses another potential headache for employers as they will now need to deal with requests for extra time off if an employee claims that they were too sick to enjoy their annual leave.
Employers are best advised to review and update their sickness absence policies to highlight a clear procedure and requirement for medical evidence to be provided where an employee wants to reschedule their leave.
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