Birmingham and Coventry National Union of Journalists

'Inviolable right to annual leave even in cases of long-term illness'

Court of Justice of the European Union Luxembourg, 7 July 2011

Advocate General's Opinion in Case C-214/10 KHS AG v Winfried Schulte

In today's (07/07/11) Opinion Advocate General Verica Trstenjak first makes clear that the case-law of the Court of Justice has established an inviolable right to annual leave even in cases of long-term illness. In her view, this applies also to the entitlement to payment in lieu of annual leave not taken, which may not be refused on the ground that it cannot be claimed because of a long-term illness.

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