Under the European Working Time Directive it has been established that workers continue to accrue paid annual leave rights during sickness absences. However the UK's Working Time Regulations require that a formal request is made to take the annual leave. The case of Lamer v Leeds NHS Trust [2012] EWCA Civ 1034 considered whether an absent worker who did not request to take the leave or carry it over had effectively lost the right to it.
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