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Annual leave does not accrue during parental leave

November 23, 2018

 The European Court has held that annual leave does not accrue during parental leave, when the contract of employment is suspended.

The employee was entitled to up to 35 days of annual leave, based upon the number of days she had worked that year. She took a period of maternity leave, then parental leave, and then annual leave. Her employer refused to grant her 5 days leave on the grounds that this had not accrued as parental leave was not a period of actual work.

The Court held that the right to annual leave presupposes that the worker was actually at work but for others (such as sick leave or maternity leave) it doesn't. However, sick leave is usually not foreseeable, and beyond the control of the worker, and maternity leave protects a special situation and relationship.

Tribunalul Botosani v Dicu
 

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