The European Court of Justice has ruled that employees on long term sickness are entitled to use accrued holidays once they return to work.
Even if the employment contract is terminated by either party, the employer must include a holiday pay lump sum in the final salary.
Although this has helped clarify part of the Working Time Directive (where the employee has a right to a minimum period of paid leave), companies will see this as a further burden of cost during the recession and will think twice about providing a long term sick benefit. However, the ruling has stipulated that this is not an automatic benefit to long term sick employees.
If you need any help regarding the above then contact HR Oasis today.
