It is now possible to acquire paid leave during a sick leave

Until now, under the law, it has not been possible to acquire paid leave during a work stoppage. This provision of the Labor Code was found to be contrary to EU law by the Court of Cassation. It is based on Article 31(2) of the EU Charter of Fundamental Rights and Article 7 of Directive 2003/88.

The Court now considers that sick leave constitutes periods of actual work determining the duration of leave in the same way as maternity leave or paid leave, for example.

Thus, the employee in stoppage of work for sickness or non-occupational accident is entitled to acquire paid leave as if he were working.

In addition, the Court also complies with EU law in 2 other judgments and states:

• thataccident at work in case of, the employee shall continue to take leave for the duration of his or her entire work stoppage. The calculation of leave with pay entitlements will therefore no longer be limited to the first year of the work stoppage;
• that the limitation period for entitlement to paid leave does not commence only if the employer has enabled the employee to exercise this right.