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Workers' rights are protected by the EU Charter of Fundamental Rights |
Workers who
fall sick during their annual leave are entitled to take corresponding paid
leave at a later date, the EU's top court has ruled.
The
European Court of Justice ruling is legally binding throughout the EU.
Thursday's
ruling was prompted by a Spanish trade union case against a group of department
stores.
"The
right to paid annual leave cannot be interpreted restrictively," the court
says. The UK does not have an opt-out in this area of EU labour law.
The court
in Luxembourg said the EU Working Time Directive grants workers a right to at
least four weeks' paid annual leave "even where such leave coincides with
periods of sick leave".
The ECJ
says "the point at which the temporary incapacity arose is
irrelevant".
"Consequently,
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."
According
to an earlier ECJ ruling, workers who fall sick before a period of annual leave
can also reschedule that leave period so that it does not clash with their sick
leave.
The UK's
opt-out from the Working Time Directive only applies to the directive's clause
setting a 48-hour limit on the working week.
The UK
government says "no-one can opt out of any other part of the
Directive".
The UK and at
least 14 other countries use the opt-out, which enables workers voluntarily to
work more than 48 hours a week.
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