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Asociación Nacional de Grandes Empresas de Distribución v Federación de Asociaciones Sindicales [2012] EUECJ C-78/11
Decision Number: Legal Body: cjeuecj
Published on: 22/06/2012
Issues Covered:
Working Time
Article Authors The main content of this article was provided by the following authors.
Background This was a reference to the European Court of Justice for a preliminary ruling concerning the interpretation of Article 7(1) of Directive 2003/88/EC . A question arose in proceedings involving Spanish unions whether previously agreed collective agreements were contrary to the Directive. The unions sought a declaration that workers covered by the collective agreement were entitled to paid annual leave even where such leave coincides with periods when they are absent from work on account of temporary disability.The ECJ had already held that a worker who is on sick leave during a period of previously scheduled annual leave has the right, at his request to take that leave during a period which does not coincide with the period of sick leave and the point at which that temporary incapacity arose is irrelevant. The worker is entitled to take paid annual leave which coincides with a period of sick leave at a later point in time, irrespective of the point at which the incapacity for work arose. 87The ECJ had also already held that the duration of the overlap between the period of annual leave initially scheduled and the period of sick leave - to which the worker is entitled after he has recovered - may be scheduled, if necessary, outside the corresponding reference period for annual leave.It followed that Article 7(1) of Directive 2003/88 must be interpreted as precluding national provisions under which a worker who becomes unfit for work during a period of paid annual leave is not entitled subsequently to the paid annual leave which coincided with the period of unfitness for work.http://bit.ly/L7IJKI

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 22/06/2012
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