PKF FASSELT SCHLAGE

Carry-over of entitlement to paid leave

Virtually indefinite carry-over of entitlement to paid leave in the case of the fictitiously self-employed and other employees

The ECJ ruling means that organisational measures are required

A few years ago already, the ECJ decided that paid leave may be carried over in the case of sickness for up to 15 months after the end of the year in which the leave was granted and, in the meantime, the German courts have confirmed this. Now, in the “King” case, the ECJ has passed a judgement on the carry-over of entitlement to paid leave that goes significantly further still. For employers, this latest decision could result in the almost unlimited carry-over of entitlements to paid leave, or in a massive increase in the risk of having to make payments in lieu of unused leave.

Read more in PKF newsletter 01/2019.

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