KHS AG v Schulte

EU member states can provide for holiday entitlement accrued by workers on long-term sick leave to expire no earlier than 18 months after the end of the holiday year in which it arises. This is according to the Advocate General (AG) of the Court of Justice – the first stage in a decision on a German case concerning a Mr Schulte who had accrued several years of holiday entitlement whilst off sick. While not binding on the Court of Justice, the AG’s view is often accepted by the court.

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