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The European Court of Justice held recently that if a person decides not to take planned holidays because they are ill and instead takes sick leave, they must have their holiday entitlement returned to them. The court held that the point of holiday entitlement was to allow an employee to rest and relax and the point of sick leave was to allow an employee to get well. 

In the case of Pereda v Madrid Movilidad 2009. A driver was injured in an accident at work approximately 2 weeks before he was due to take 4 weeks holiday. The driver took sick leave following the accident and was on sick leave for most of his 4 week holiday.

The court held that if the driver decided not to take his planned holiday because he was unwell and decided to take sick leave instead he would be entitled to have his holidays returned to allow him time to rest and relax. 

If you have been involved in an accident in the last three years and have suffered loss injury, loss of holidays or any other loss you may be entitled to claim compensation.  Contact our specialist No Win No Fee lawyers free on 0800 0891331 for free legal advice.

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