The ruling rendered on January 19, 2009 by the Court of Justice of the European Communities (CJEC) is in keeping with the case law interpreting Directive 2003/88 on the organization of working time in favor of more rest. The case sent to the Court concerned the right to paid leave of employees on sick leaves. On this occasion, the Court reminded that the right to paid leave doesn't depend on the actual performance of work. Mostly, it declared that the national provisions which rule the loss of the right to paid leave not taken during a reference period (or right to financial compensation) - "without the worker actually having the opportunity" to take his leave - do not comply with Community law. (Ref. 090074)
The CJEC decided
to link two different cases to give a unique ruling, again strengthening the
protection of the right to paid leave, which must be regarded as “a particularly
important principle of Community social law” according to settled case law. With several preliminary rulings on the
interpretation of Directive 2003/88, which sets minimum standards in terms of rest,
the Court gives an answer divided in three.
National laws can forbid taking an annual leave during
a sick leave. The fi
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