Sickness and Annual Leave

The European Court of Justice (ECJ) has considered the relationship between sick leave and annual leave.  In Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales and ors, Case C-78/11, the following question was referred to the ECJ: if a worker falls ill while on annual leave, does that worker have the right to interrupt his or her annual leave and take it at a later date under the Working Time Directive?

The ECJ held that yes, workers do have that right. The ECJ drew the distinction between annual leave which provides workers with time to relax, and sick leave which provides workers with time to recover from an illness and regain fitness for work. The two are not interchangeable. It is already established law that a worker who is on sick leave before and during scheduled annual leave can recover that annual leave after their return to work (see our update on Pereda v Madrid Movilidad SA C-277/08).  The ECJ in ANGED took this principle further and held that it was irrelevant whether or not the worker falls ill before, or during, their scheduled annual leave.  This case will not come as a surprise to employers, based on recent ECJ decisions which give greater rights to sick employees.