The European Court of Justice has ruled that employees who fall ill during annual leave are entitled to reclaim the time off at a later time, under the Working Time Directive. The judgment was made in a case brought by a Spanish trade union against a group of department stores

So employers out there beware of this law although how it will work in practice is anyones guess. So if you have staff who are sick when they are on holdiay expect a rash of claims that they want more time off to compensate them for being sick whilst on holiday!

Contact us at TM law for your guidance on how to interpret this finding which as usual comes from the European Court of Justice and any other employment advice needed.