82. Consequently, it follows from the foregoing considerations that the existence of a right to paid annual leave cannot be made conditional on a worker`s capacity to work and that, in principle, a worker who is unable to work is entitled to annual leave in accordance with Article 7(1) of Directive 2003/88. However, he may not take such leave during a period when he is otherwise on sick leave. (56) – In Federatie Nederlandse Vakbeweging (cited in paragraph 24, paragraph 32), the Court held that the possibility of financial compensation for the minimum duration of annual leave would create an incentive incompatible with the objectives of the Directive not to take leave or to encourage workers not to do so. M. Fenski, `Droit des vacances en transition?`, L`entreprise, numéro 12 (2007), p. 688, and K. Jacobsen, Manuel du droit du travail des avocats de Munich (hrsg. Wilhelm Moll), 1. B: the part of the worker`s year of leave which expired before the date of dismissal; and from December 14, 2020, “COVID High Risk” will be available as a reason in My GCHR. For holidays that best match “COVID High-Risk”, employees are advised to wait until the system is updated before sending their application to My GCHR. 69. It follows from those considerations that a worker acquires rights to leave from his first working day and does not lose them as a result of incapacity for work due to illness.
He is therefore entitled to classify a future period as paid annual leave for a period that would otherwise be ill. 23. The Slovenian Government considers that the issue must be examined in the light of the objective of annual leave, namely the maintenance of workers` short- and long-term health. The objective of the Directive is apparent from its preamble, as well as from the case-law of the Court of Justice, according to which the right to paid annual leave is a particularly important principle of social law, from which it may depart only in the exceptional cases provided for by the Directive. Article 7(1) of Directive 2003/88 allows a worker absent for an indefinite period not to define that permanent absence as annual leave and does not allow him to take his annual leave during his sick leave, since its objectives allow him to exclude himself from annual leave and sick leave. . . .