Holiday sniffles could win you extra time off work

Holiday illness, we’ve all been there, but should you be able to claim your holiday back if you’ve been ill on your time away from work? Giles Chichester, MEP for the South West and Gibraltar, thinks not.

The Conservative MEP has condemned a ruling by the European Court of Justice which says workers should be able to claim back leave if they fall sick while on holiday. He said the ruling will create a legal minefield for local businesses and especially small businesses.

The court was passing judgment on the case of a Spanish employee who was refused the right to alter his holiday plans because he suffered injury before he was due to take his leave. The court in Luxembourg ruled he should have been able to alter his holiday dates.

The court did not specify at what time an employee could trigger the right to alter holidays. However, employment lawyers argue that the ruling can be interpreted as giving workers the right to claim extra holiday time even if their holiday has begun.

MEP Chichester said: “This court ruling opens up a legal minefield for British businesses. Small businesses have to plan their leave extremely carefully to prevent staff shortages.

“This judgment could result in small businesses being vulnerable during peak holiday periods.

“Many local employers take a sympathetic approach towards employees who fall ill when on holiday. Now we are replacing goodwill with legal requirements that may cause businesses to struggle.”

What do you think? Should you be able to claim your holiday back if you get a virus on your vacation? Comments below, please

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