A new ruling will concern businesses trying to control their costs in a recession. In the case of Pereda v Madrid Movilidad, it was decided that, under the Working Time Directive, where a worker is on sick leave for a period during which he would otherwise be on annual leave, and either is prevented from taking some of his annual leave entitlement as a result, or does not wish to take annual leave whilst sick, he must be permitted to take that unused portion of his annual leave entitlement at a later date, even if it has to be carried over into a subsequent leave year:
The ruling does not make clear at what stage the employee should contact his employer to say he is sick or what proof of illness is necessary.
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