Human Capital (Employment) - Insight

    View Author January 2009

    Long-term sick are entitled to paid annual leave

    Last week the ECJ dealt a blow to employers by ruling that workers on long-term sick leave are still entitled to paid annual leave.

    In Schultz-Hoff v Deutsche Rentenversicherung Bund and Stringer & ors v HMRC the ECJ has confirmed that workers rendered incapable of work through illness still have the right to take annual leave. It said that if they are unable to take their holiday during a particular leave year because of illness they are entitled to carry over any untaken holiday to a subsequent leave year. Furthermore, if such workers have not had the chance to take their accrued holiday by the time their employment terminates, they are entitled to a payment in lieu of such leave.


    In May 2008, international law firm Hammonds became a limited liability partnership. Hammonds LLP and its affiliated undertakings has offices in Birmingham, Leeds, London and Manchester in the UK, and in Berlin, Brussels, Beijing, Hong Kong, Madrid, Munich and Paris.