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The Court of Justice of the European Union ruled Thursday that the paid leave may not be requested if the reason that you will require, as the birth of a child or hospitalization of a family member , among others, occur during periods of weekly rest or paid holiday.
The highest european court ruled it so on a Spanish case, which pits groups of companies DAY and Twin Power with a number of trade unions on the mode in which they should count the paid leave which guarantees the Workers ‘ Statute and the collective agreement of these companies to meet needs or family obligations or functions of trade union representation.
The workers claimed that when these events happen on days I do not play it to work, could enjoy of the permit paid for at another time.
The National court, which referred the case to Luxembourg, he doubted that the refusal to defer the use of these permissions to be compatible with the european directive that ensures the weekly rest and paid holiday, as if the workers had to attend to urgent needs in these days not fulfill its function of rest.
In a ruling issued this Thursday, the CJEU clarified that the eu directive does not apply to national legislation and the collective agreement governing paid leave as they depend on the powers of the State.
are Not comparable to a low –
The court considers that the paid leave according to the Spanish standard are only intended to allow workers to leave their post to attend to needs or obligations that require your personal attendance, so they are inextricably linked to the time of work as such.
For this reason concludes that they can reclaim in rest periods or paid annual leave and notes that are not comparable to a low by disease.
The court notes that, since the regime of paid leave is not subject to the european directive that ensures rest days and holidays, this does not oblige a State to grant them by the mere fact that the event matches one of those periods.
The court adds that the paid leave in question are comprised, in part, in the european framework Agreement on parental leave.
But clarifies that this is limited to provide that would allow workers to take time off on grounds of force majeure for family matters which are urgent in the case of sickness or accident making essential to his immediate presence, some minimum rights that, in the judgment of the CJEU cannot be assimilated to a permit.