Can you put into a policy that employees cannot take annual leave while out on long-term sick leave?

Posted in : First Tuesday Q&A ROI on 7 August 2012 Issues covered:

The Organisation of Working Time Act 1997 provides that it is the responsibility of the employer to ensure that employees take their full statutory leave allocation within the appropriate period. From a health and safety perspective, employers are also obliged to ensure that employees are afforded adequate opportunity for rest and recreation. Periods of sick leave are not regarded as periods of rest and recreation, therefore, employees who are on long term sick leave should not be precluded from requesting and taking annual leave during any such period.

In addition, as a result of the 2009 combined cases of Schultz-Hoff (C-350/06) and Stringer (C-20/06), the Court of Justice of the European

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Back to Q&A's This article is correct at 02/09/2015

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