May 11
2021
Trajan Shipley
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4th May 2021
Employment & Immigration

Entitlement to unexercised annual leave after time limit: case pending before the Court of Justice

In AR v St. Vincenz-Krankenhaus GmbH (C-727/20), the Court of Justice will deliver a preliminary ruling on the interpretation of Article 7 of the Working Time Directive and Article 31(2) of the Charter, specifically on whether they preclude the interpretation of a provision of the German Federal Law on leave.

According to such interpretation, a worker who became ill and unfit to work in the course of the leave year, a period in which he was able to still have taken some of the leave in the year before of the illness, loses entitlement to such paid annual leave after 15 months of the end of the leave year even when the employer has not enabled the worker to exercise this entitlement by duly informing of the leave concerned and invi

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