I leave it to the Solicitors Journal to explain the niceities,
The fact that the directive did not make any distinction between employees off work on sick leave and those who have in fact worked in the course of the reference period meant that, for the former, the right to paid annual leave could not be made subject to a condition that the employee has actually worked during the so-called reference period – usually a year.
Yes you got that right,
the right to paid annual leave could not be made subject to a condition that the employee has actually worked during the so-called reference periodI despair, truely I do.
2 comments:
Which just goes to prove, GT, that give a lawyer a word - or phrase - and they will take a sentence! (to paraphrase)
I've seen this sort of thing before, and not just from the EU.
Chap comes back from three weeks holiday in the sun, produces sick note from local (ie Greek or Spanish) doctor saying he had a sore tummy for a week while on holiday. Claims sick pay (over and above salary already paid) or time off in lieu.
My response "gtf".
In due course, grievance procedure.
Management response - pay him, the Union will make a fuss and it's not worth the hassle.
This was a multinational company, big Pharma, UK, 1990's.
They've been taking the piss for years.
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