# illness benefit & holiday at work.



## VioletWex (9 Jan 2013)

Hi,
One of my friend was on illness benefit for 3 months.
During this time he suppose to have his 2weeks holiday.
He came back to work now but when he asks about that hoilday his supervisor told him that he is not longer entitled for that holiday. Is that true?
He works in that company over 6years.
Thanks for help.


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## Raging Bull (9 Jan 2013)

Provided he has produced a doctors cert he is entitled to his holiday under EU law

The Organisation of working time act which transposes the EU directives is a bad piece of legislation. It does not transpose the directives correctly. Hypotehteically if he had 20 days annual leave since he was off for 3 months under Irish legislation hed now have approx 15 days since you have to work to accrue holiday benefit in ireland 9this is the breach of the law)

The answer is yes he is but it will be a long struggle to get it back

google ECJ Stringer .....there is also a more recent decision regarding holiday booking within the last 6 months  serach infocuria ECJ for that


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## Raging Bull (9 Jan 2013)

The Case in ECJ is C 78/11

http://curia.europa.eu/juris/docume...ode=req&dir=&occ=first&part=1&cid=122940#ctx1

Explain this to them if no joy your friend needs to go to Rights Commissioner


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## Gerbo (21 Feb 2013)

I have out of work from the HSE on illness benefit without pay for over a year. Am ie titled to holiday pay for time out sick, albeit without pay. They say not entitled but I think their was an EU ruling about this can anyone help?


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