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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

In cases such as short-time working where the employment relationship continues but the worker does not perform actual work for the employer, the Court has ruled that a worker may acquire entitlement to paid annual leave only during the periods during which he or she performed actual work (pro rata temporis). No entitlement to leave is acquired during the periods when no work was performed (218). Similarly, workers do not acquire entitlements to paid annual leave during periods of parental leave (219).

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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.