The European Court of Justice has, this morning, handed
down its opinion in Stringer v HMRC (previously known as Ainsworth v
HMRC. The judgment should be available soon.
According to the Press Summary the ECJ has held:
a
worker who is on sick-leave for the whole of an annual leave year is entitled
to a period of four weeks' paid annual leave, despite the fact they are
not actually at work.
The national courts can decide whether the paid
leave can be taken during that year, or whether it should be
carried over to another year, but either way the employee is entitled
to be paid at some point.
The
right to paid annual leave is not extinguished at the end of a
leave year if the worker was on sick leave for the whole of that year, or
if he was absent on sick leave for part of the year and was still on
sick-leave when his employment terminates.
If you need help with short term or long term absence management then please contact us << Go Back