3. Sick leave
In contrast to the right to maternity leave and parental leave, the right to sick leave and the conditions for exercise of that right are not governed by EU law. Nonetheless the Court establishes limits to national law, where paid annual leave and sick leave overlap. This builds on the different purposes of the two. The purpose of the right to paid annual leave is to enable the worker to rest and to enjoy a period of relaxation and leisure. The purpose of the right to sick leave is to enable the worker to recover from an illness that has caused him or her to be unfit for work (329).
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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.