Outstanding holiday entitlement on death
By Richard Adkinson
This article considers the ruling of the First Chambers of the Court of Justice of the European Union (CJEU) in Gülay Bollacke v K + K Klaas & Kock BV & Co KG (C-118/13) that an entitlement to accrued paid annual leave does not lapse when the worker dies.
Mrs Bollacke was the wife and sole beneficiary of her late husband’s estate. He fell ill in 2009, did not work again after 11 October 2010 and died on 19 November 2010. At the time of his death, he had accrued 140.5 days of untaken leave. The issue was whether she could claim a sum in lieu of the leave outstanding on his death.
Article 7 of the Working Time Directive (2003/88/EC) states that: (1) member states shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice; and (2) The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated…
Click on the link below to read the rest of the No5 Chambers briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.