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24 Jan 2016
Employment law attorney
Within a combined motion introduced by numerous Spanish trade labour unions, the European Court of Justice has held that any worker who's ill throughout yearly leave is permitted to treat the period as sick leave and acquire their annual leave later on. This needless to say has caused anxiety about some employers.

Employment law attorney
The ECJ codified prior European case law in this field and reiterated that the objective of annual leave as per the Working Time Directive is usually to permit all employees a time of relaxation. Right to compensated sick leave includes a different function as well as the two cannot hence be looked at interchangeable on this scenario.

We will must observe this conclusion is construed from the British tennis courts but due to the obvious judgment it seems most likely that they're going to consider any techniques up against the above to be illegal within the Working Time Directive.

Though it could be hard to dispute this in situations in which a worker brings about being disabled for work by some certain illness, the truth is this may demonstrate an administrative headache for companies by which workers take sick leave for small medical issues like a cold or flu. At this time most companies will require a sick note from the physician for a while amount of sick leave spanning a particular length of time, but let's imagine a staff member states, for example, that in the 2 week vacation in Marbella they ended up being sick in bed and never able to work for weeks? They need to in principle have the ability to recuperate 2 days of annual leave to make use of later on. This might be impossible for the company to confirm aside from clamping down of medical evidence for all those periods of sick leave.

Seems like improbable, although potential for misuse would impact most employer-employee connections where in actuality very little time periods of sick leave for day-to-day sickness are obtained depending on trust.

The federal government could very well seek out to resolve this judgment in the continuing reaction to the Modern Workplace consultation.

We wait with anticipation to learn what happens in the coming months and years. A great deal is changing in the United Kingdom workplace, and concerning the laws surrounding employee and employer relations. Certainly the shifting economic times we live in are forcing businesses and governments to reevaluate present legislation.


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