The Right to Annual Leave during Sick Leave
Schultz-Hoff v Deutsche Rentenvericherung Bund – ECJ – 28/2/08
The Advocate General has now handed down his opinion on the entitlement to annual leave after a period of absence due to illness.
The Advocate General has said that:
workers unable to take leave due to illness in any leave year are entitled to take that leave when they return to work even if they return in a subsequent leave year.
If employment has been terminated, a payment in lieu of that leave must be made.