sec_2__9__para__3

The Directive provides that paid annual leave is granted ‘in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice’. Thus, it is for the Member States to lay down, in their domestic legislation, conditions for the exercise and implementation of the right to paid annual leave, by prescribing the specific circumstances in which workers may exercise the right (233). Nevertheless, the Court has held that the Directive precludes Member States from unilaterally limiting the entitlement to paid annual leave conferred on all workers by applying preconditions which would in practice prevent certain workers from benefiting from it (234). For example, the Court has held that Member States may not impose on workers the condition of a period of 13 weeks of uninterrupted employment with the same employer before accruing leave (235). Similarly, Member States cannot impose conditions that make it impossible for certain workers to exercise the right to paid annual leave (236).

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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.