Holidays and Sickness
In Sobczyszyn v Skola Podstawowa w Rzeplinie, which is a case which doesn’t really say anything new, the ECJ has confirmed the position in sick leave once more confirming that Article 7(1) provides four weeks’ annual leave for every worker which is a fundamental tenet of EU social law. Only on termination can payment be made in lieu.
So in summary:
- Annual leave accrues during sick leave (Stringer).
- If scheduled leave coincides with sickness, a worker can designate a different time to take leave (Pereda).
- The purpose of paid leave is rest and relaxation. Sick leave is for recovery from illness, it is not rest; annual leave can be rescheduled on recovery (ANGED).