§4 Other types of leave at national level

Where workers are entitled to other forms of leave under national legislation, the purpose of the leave is the critical factor in judging how to handle any overlap with paid annual leave (347). In the case of ‘convalescence leave’, the Court held that the considerations held for sick leave were applicable, and established the principle that where the purposes of the leave granted at national level and that of paid annual leave differ, there is an obligation to grant the worker concerned a different period of annual leave (348). Nevertheless the Court considered that in the case of a specific type of leave granted by national law, it was for the national courts to determine whether the purpose of that right was different from the purpose of the right to paid annual leave, as interpreted by the Court and in light of its guidance and the factors at national level governing the granting of the leave (349). Member States may grant to workers paid special leave which enables them to meet specific needs or obligations that require their personal presence such as, for instance, marriage, the birth of a child, hospitalization, the death of a close relative, or the performance of representative trade-union functions. The Court ruled that such special leave does not fall within the scope of the Working Time Directive, but rather of the exercise, by a Member State, of its own competences (350). NIGHT WORK, SHIFT WORK AND PATTERNS OF WORK The Working Time Directive acknowledges the particular nature of night work and of certain burdensome forms of work organisation (351). In addition to general provisions on rest periods and maximum weekly working time, the Directive therefore contains specific provisions on night work, shift work and other work patterns which are detailed below. The length of night work Article 8 of the Directive lays down that: ‘Member States shall take the measures necessary to ensure that: (a) normal hours of work for night workers do not exceed an average of eight hours in any 24-hour period; (b) night workers whose work involves special hazards or heavy physical or mental strain do not work more than eight hours in any period of 24 hours during which they perform night work. For the purposes of point (b), work involving special hazards or heavy physical or mental strain shall be defined by national legislation and/or practice or by collective agreements or agreements concluded between the two sides of industry, taking account of the specific effects and hazards of night work.’ This Article establishes two different limits for night workers: one applicable to all night workers and another applicable to night workers whose work involves special hazards or heavy physical or mental strain. For the notion of ‘night work’, reference is made to the definition presented in Chapter IV.B.

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