22 November 2011

Holidays: how long is the carry-over period for a sick worker?

In the German case of KHS AG v Schulte (C-214/10), the ECJ held that a collective agreement did not breach the Working Time Directive. The agreement provided, e.g. that a sick worker would lose their 2006 and 2007 holidays - if they did not take those holidays within 15 months - after the end of the relevant holiday year.

The ECJ said that a carry-over period for a long-term sick worker must be substantially longer than the holiday year. The carry-over period of 15 months was longer than the holiday year and it was long enough to ensure that a sick worker could take their holidays.

Also see Holidays: use it or lose it

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