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In yet another ruling handed down on 21st June 2012 the Court held that a worker who becomes unfit for work during a period of statutory annual leave must, under the Working Time Directive, be entitled to reschedule the period of leave that coincides with the period of sickness.

The Court ruled at paragraph 22 ” It would be arbitrary and contrary to the purpose of entitlement to paid annual leave (referred to at paragraph 19 above) to grant the worker that right only if he is already unfit for work when the period of paid annual leave commences”

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