Termination of a disabled employee’s right to paid leave

19. 12. 2022
Termination of a disabled employee’s right to paid leave

On September 22, 2022, the Court of Justice of the European Union (“CJEU”) issued a judgment regarding the termination of the right to paid leave for employees who remain in a state of total (but not permanent) disability or incapacity for work.

The general issue of the statute barred limitation of the right to paid leave was addressed in the ECJ judgment issued on the same day, which we informed you about in our article. According to it, the limitation of the right to paid leave without the employer giving notification of the impending termination of the leave contravenes the right to decent and fair working conditions under the Charter of Fundamental Rights of the European Union. Other approach would mean an approval of conduct leading to the unlawful enrichment of the employer. The aforementioned ECJ judgment extends the prohibition on the termination of the right to paid leave during a state of incapacity for work or temporary total disability.

Czech law does not allow for a statute barred limitation on the entitlement to paid leave. Else it would be contrary to the principles of special statutory protection of the employee and satisfactory and safe working conditions. Moreover, the entitlement to paid leave is understood as a non-pecuniary right, which does not fall under the statute of limitation. However, in the case of incapacity for work the right to leave does not normally arise (with exceptions) as this is not considered performance of work.

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