Case report round-up: Sick workers' accrual of paid annual leave can be limited
XpertHR's latest case reports cover:
- Working time: Sick workers' accrual of paid annual leave can be limited In KHS AG v Schulte [2012] IRLR 156 ECJ, the ECJ held that limitation of the right of workers on long-term sick leave to accumulate paid annual leave is not contrary to the Working Time Directive. (Employment Review)
- Working time: National law cannot require minimum period of work before annual leave entitlement arises In Dominguez v Centre Informatique du Centre Ouest Atlantique [2012] IRLR 321 ECJ, the ECJ held that a French law that made the entitlement to annual leave conditional on the worker having performed a minimum amount of work during the reference year was not compatible with art.7 of the Working Time Directive. (Employment Review)
- Working time: Employer entitled to restrict overtime in respect of non-opted-out employees In Arriva London South Ltd v Nicolaou EAT/0293/11, the EAT held that an employer’s refusal to allow an employee who had not opted out of the 48-hour week to work overtime on rest days did not give rise to unlawful detriment. (Employment Review)
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