Sick leave of a public official during his leave: what are the rules?

Verified 25 October 2024 - Directorate for Legal and Administrative Information (Prime Minister)

A public official who becomes ill during a period of annual leave may request the postponement of the days of annual leave that coincide with the sick leave.

The Court of Justice of the European Union (CJEU) considers that the purpose of paid annual leave is to enable workers to rest and enjoy a period of relaxation and leisure.

The entitlement to paid annual leave differs from the entitlement to sick leave.

The purpose of sick leave is to enable the worker to recover from an illness resulting in incapacity for work.

Accordingly, the CJEU considers that a worker who is on sick leave during a period of annual leave has the right to request to take his annual leave at a period other than that coinciding with sick leave.