In Anged v Fasga [2012] IRLR 779, the ECJ held that a worker who becomes unfit for work whilst on annual leave has the right, under the Working Time Directive, at his request, to take a period of time off as annual leave at a later time after he has recovered. The period of leave to be rescheduled should correspond to the duration of the overlap between the period of annual leave initially scheduled and the period of sick leave.

The ECJ differentiated between the purpose of annual leave “to enable the worker to rest and enjoy a period of relaxation and leisure”, and sick leave which “enables a worker to recover from an illness that has caused them to be unfit for work”.

The employee/worker should be allowed to take his “compensatory” annual leave in the next holiday year, if necessary, depending upon the circumstances.

However, it is prudent for employers to have a thorough absence management policy in place in order to prevent annual leave being abused. For example, ensure that the employee has to ring their line manager or HR on the first day of sickness and every continuing day thereafter.