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21 June 2012
Court of Justice of the European Union
M. Safjan, M. IlešiÄ, E. Levits, V. Trstenjak and M. Ferreira
A worker who is ill or injured during their holiday, whether the illness or injury started before or during the holiday, must be permitted to take that holiday at another time - if necessary in a later holiday year.
The CJEU in Pereda v Madrid Movilidad SA held that an employee who was injured at work shortly before his scheduled holiday (or ‘leave' in the words of the Directive) was entitled to take that leave at a later time. If there was no opportunity to take it during the leave year, he was entitled to take it in a later leave year.
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The status of employment rights on the transfer of an undertaking is an extremely complex area of...