In a landmark judgment, the European Court of Justice (ECJ) that represents Europe’s highest court, ruled that workers who get sick during holidays can claim leave facilities. Another surprise first ever ruling indicates that the time is was taken to travel up and down to work each day should count as working time. Both are legal judgments!
At first glance
It would appear that the scope of misuse is vast and it is not certain what documentation or proof would be required to substantiate claims of sickness.
The problem particularly affects those who do not work in fixed offices. Sales representatives and service workers, electricians and plumbers work from home really. Is it their fault that no office exists? Should they claim work compensation from home and back? ECJ ( European Court of Justice) allows exactly that though it was not allowed earlier, saying it protects the ‘health and safety’ of workers.
Most would agree that workers should be granted more facilities in view of all the exploitation going on in backward countries, particularly. Just imagine falling sick at the beginning of a month long-planned holiday. If genuine, it should be possible to reschedule the holiday and avoid the loss. In a particular case of a worker who got injured before the month-long holiday began, and was not allowed to rearrange the leave dates, the court ruled in the worker’s favor.
What has been the approach that existed so long? Employers would only consider it ‘bad luck’ if workers fell ill during the holidays, meaning that there was no redress or compensation. Now the question of abuse does arise with wrong claims possibly submitted with procedures undefined. When and whom to inform about the sickness is not clear.
Now that the UK has quit the European Union, would they have liked to apply this rule? A common sense, sympathetic approach should certainly prevail. Annual leave and sick leave certainly cannot coincide, can it? Who have the answers? Theresa May, maybe.