Facts. In the case brought before the Court, the claimant asked his employer for a new period of paid leave because he was on sick leave due to an industrial accident which took place shortly before his annual paid leave. His sick leave overlapped with part of the vacation period that was set on the company’s schedule. The Spanish court seized with the case against the employer’s refusal asked the ECJ a preliminary question aimed at ruling whether Directive 2003/88 on working time is opposed to national provisions or collective agreements forbidding employees who have been on sick leave during an annual paid leave period set by the company from asking to delay this leave to another period, where appropriate outside of the period defined by law or by the collective agreement to take a vacation.
with part of the vacation period that was set on the company’s schedule. The Spanish court seized with the case against the employer’s refusal asked the ECJ a preliminary question aimed at ruling whether Directive 2003/88 on working time is opposed to national provisions or collective agreements forbidding employees who have been on sick leave during an annual paid leave period set by the company from asking to delay this leave to another period, where appropriate outside of the period defined by law or by the collective agreement to take a vacation.
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