The Court of Justice of the European Union (ECJ) has held in Terveys- ja sosiaalialan neuvottelujarjesto (TSN) ry v Hyvinvointialan liitto ry and Auro-ja Kuljetusalan Tyontekijaliitto AKT ry v Satamaoperaattorit ry that neither the Working Time Directive (WTD) or the Charter of Fundamental Rights of the European Union preclude a national law which limits the carry-over to four weeks’ leave under the WTD in cases of sickness absence.
The ECJ held that the WTD does not preclude national rules or agreements which provide paid annual leave which exceeds the minimum period of four weeks. Any additional paid annual leave is ruled by national law, not the WTD, and, therefore, it is up to Members States to decide whether to allow or exclude the carry over of leave in circumstances where the worker has been unable to take the leave due to sickness.
The decision applies to the Organisation of Working Time Law in Cyprus which implemented the WTD.
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