Case Law: Advocate General's Opinion on Long Term Sick Leave

Posted in : Supplementary Case Law Articles ROI on 12 July 2011
David Fagan
Business Legal
Issues covered:

Those keeping an eye on the development of European Court of Justice jurisprudence will know that arising from the Stringer case, and other ECJ cases, it has been believed that workers on long term sick leave have an unlimited right to accrue their holidays during the period they are out sick. The Stringer decision has caused consternation in a number of jurisdictions, but has had limited impact in Ireland due to the wording of the Organisation of Working Time Act 1997.

In Ireland, statutory holiday leave only accrues on the basis of time actually worked. Therefore, Irish legislation was out of step with the ECJ line of reasoning.

Under the Vertical Direct effect principle of European Law,

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This article is correct at 06/08/2015

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David Fagan
Business Legal

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