Caselaw has established that workers must be permitted to carry over statutory holiday entitlement to a new leave year where they have been unable or unwilling to take it due to sick leave. The ECJ has now confirmed that this only applies to the 4 week entitlement provided for by the EU Working Time Directive, and not to any additional entitlement provided for under domestic law. This accords with a 2013 EAT ruling that the carryover requirement does not apply to the additional 1.6 week entitlement in the UK (Sood Enterprises v Healy). Employers do not have to permit carryover of this additional entitlement unless there is a contractual obligation to do so. (TSN v Hyvinvointialan liitto ry)
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