EU: workers sick on holiday must get extra time off

The judgment goes further than the court’s earlier rulings on sick leave.
Previously, the court had said that people who were sick before their
holiday started could take their leave at another time.

The judgment relates to the EU’s Working Time Directive. While the UK has an
opt-out on parts of the directive relating to working hours, there is no
exemption on sick pay and holiday. The Government has said it will apply the
court’s rulings from October, although business groups have said that doing
so will be harmful to the wider UK economy.

Norman Lamb, the employment relations minister, said the ruling boosted the
case for changing EU rules on holiday rights.

He said: “I do not believe that the directive had to be interpreted in this
way which involves extra cost for business. Most employees accept that if
they fall ill while on holiday, it is unfortunate but they do not expect
extra holiday. This judgment reinforces the need for a reassessment of the
scope of the Working Time Directive.” The Government’s own estimates suggest
that adopting the rules will cost employers more than £100 million annually.

The Department for Business did not comment on Thursday night, but the
Coalition has pledged to resist implementing the court’s judgments.

Earlier this year, Vince Cable, the Business Secretary, described the court’s
rulings as “an unnecessary burden on businesses” and “completely
unjustifiable at a time of economic strain”.

Some British employers, including the BBC, already give staff the right to
reclaim holiday time if they fall sick.

Business groups said the rulings underlined the need for ministers to resist
the court.

The CBI said that British businesses “would like to see the judgments
reversed, so that the directive is focused on the health and safety of the
workforce, as originally intended”. The Federation of Small Businesses urged
the Government to “avoid implementation of any ECJ ruling on annual leave
and sick leave for as long as possible”.

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