d1e6245-1-1__para__3
The burden of proof in that respect is on the employer. If the employer is not able to show that it has exercised all due diligence in order to enable the worker to take the paid annual leave to which he or she is entitled, the entitlement to paid annual leave, and, in the event of the termination of the employment relationship, a payment of an allowance in lieu of untaken annual leave, is not lost (248). The fact that the employer wrongly considered that the worker is not entitled to paid annual leave is irrelevant as it is for the employer to seek all information regarding its obligations in that regard (249).
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.