sec_1__10__para__5

If the worker did not ask to exercise the right to paid annual leave prior to the termination of the employment relationship, the worker cannot lose the right to payment in lieu automatically and without prior verification of whether the employer had in fact enabled the worker, in particular by providing sufficient information, to exercise the right to leave prior to the termination of that relationship (300). The burden of proof is on the employer (301).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.