§3 Additional leave entitlement

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

If Member States provide for an additional period of annual leave exceeding the 4 weeks required by the Directive, they can decide whether or not to provide workers who have been prevented from taking that leave during their employment relationship with an allowance in lieu and they may lay down the conditions of that additional entitlement (312). Interaction between paid annual leave and other types of leave The Court has held that ‘a period of leave guaranteed by Community law cannot affect the right to take another period of leave guaranteed by that law’ (313), including eventually, in the event of the aggregation of several periods of leave, the inevitable carrying forward of annual leave or part thereof to the following year (314). In the case of rights to leave governed by national law, the Court held that the purpose of the leave is to be assessed to derive conclusions on any overlap with paid annual leave.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07