Do employees accrue annual leave on sick leave?Posted in : First Tuesday Q&A ROI on 5 September 2012
In the Schulte case referred to in response 4 above, the ECJ also found that national governments could set a time limit on the accrual of annual leave during sick leave. This raises a problem for the Irish government because currently OWTA (in breach of the European Working Time Directive) provides for the calculation of annual leave on hours worked only. Therefore Irish employees on sick leave do not, in accordance with the Irish legislation as drafted, accrue annual leave.
For public body employers the principle of direct effect applies and they will accrue annual leave whilst on sick leave. For private sector employees, until the Irish working time legislation is amended in line with
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Back to Q&A's This article is correct at 02/09/2015
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