Is leave lost if not taken ?

This from David Ralph at Deminos

Is leave lost if not taken ?

   If a worker doesn’t apply for the minimum annual leave due under EU law during a leave year,  Is  leave lost if not taken?    by the end of the year?     Is leave lost if not taken ?

No, unless the employer diligently gives the worker the opportunity to take it, held the CJEU in Max-Planck-Gesellschaft v Shimizu.

Mr Shimizu worked at the Max Planck Institute, a private scientific support institution in Germany, until 2013. He brought a claim for unpaid holiday from 2011 and 2012. Under German law, he lost the right to carry over untaken leave from one year to the next. The German Federal Labour Court referred two questions arising to the CJEU.

The CJEU held that the Working Time Directive requires that if a worker does not exercise the right to paid annual leave in any year, leave should not automatically be lost unless the employer has ‘diligently’ brought it to the worker’s attention that leave will be lost, the burden of proof falling on the employer. Employers need not require employees to take leave, but must inform them accurately and in good time of the right.

Furthermore, although the employer was a private institution, the right to paid leave was still enforceable between private parties, rather than only against State bodies, although it comes from a Directive, as the right to annual leave is in the EU Charter.


My Comment:   As I never tire of saying,   as the “grown up”  in the relationship,   the responsibility will always lay with the employer to inform the employee of their rights !     You simply have to state somewhere,   (employee handbook,  contract of employment, notice board, holiday request form  et al) that if holidays are not taken they cannot be carried over,   and you can remind employees from time to time as the holiday year progresses.    See more on holidays on my page here.

My grateful thanks to that excellent forum DEMINOS for their piece on this topic read again on their site

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