A landmark judgement by the European Court of Justice (ECJ) has ruled that employees who are ill during their holiday period are entitled to claim the time back from their employers.

The decision, which is a new interpretation of the Working Time Directive, also means that workers who have their holidays spoiled by sickness can carry the time due to them over to the next holiday year.

The judgment was made in the case of Vicente Pereda, a Spanish road worker who sued his employer when he was refused permission to reschedule his holiday when he became ill just days before he was due to take his annual leave.

Under the terms of the Working Time Directive, all workers are entitled to a minimum of four weeks statutory paid leave. The Directive states that: “the purpose of the entitlement to paid annual leave is to enable the worker to rest and enjoy a period of relaxation and leisure.”

The manner by which employees will have to prove their sickness if they are taken ill while taking time off will be up to individual businesses to decide, and the ruling itself does not specify when a worker should notify their employers of their illness.

While this is undoubtedly good news for employees throughout the EU, some observers have noted that the move could end up placing an additional financial burden on some companies, as their is a potential for dishonest employees to abuse the system in pursuit of extra holiday days.

In a related decision earlier this year, the House of Lords ruled that employees can accrue holiday entitlements while on sick leave. This means that workers who are denied holiday pay while they are off sick can put in a claim to an employment tribunal for unauthorised deduction from wages under the Employment Rights Act 1996.

Technorati Tags: Employee Rights, Holiday Sickness, Leave Entitlement