sec_1__11__para__3 — COMMUNICATION FROM THE COMMISSION Interpretative Communication on Directive…

sec_111para__3

COMMUNICATION FROM THE COMMISSION Interpretative Communication on Directive 2003/88/EC of the European Parliament and of the Council concerning certain aspects of the organisation of working time · European Union

Further, ‘a worker must be able to take her annual leave during a period other than the period of her maternity leave, including in a case in which the period of maternity leave coincides with the general period of annual leave fixed, by a collective agreement, for the entire workforce’ (318). This wording suggests that it is an absolute principle, and that, unlike the situation of sick leave (see below), the carry-over of paid annual leave cannot be limited. Indeed, the Court has insisted that ‘a period of leave guaranteed by Community law cannot affect the right to take another period of leave guaranteed by that law’ (319).

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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.