In her conclusions delivered on January 24, 2008, the advocate general Verica Trstenjak proposes that the Court judges that a worker away on a sick leave during the reference period is still entitled to his annual paid leave. This also applies to the allowance in lieu on termination of the employment contract. (Ref. 080073)
Two cases, one German, the other British, were submitted to the Court of Justice. The questions asked concerned the interpretation of Directive 2003/88 on certain aspects of organisation of working time and, more specifically, on the problem of entitlement to paid leave.
An employee on sick leave is entitled to paid leave. The question common to both cases was to know if an employee absent on sick leave during the period in question is entitled to his annual paid leave. In other words, is the ri
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