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KHS AG v Schulte - entitlement to carry over leave, even where off sick, can be time-limited so it does not become simply a period of leisure

National law may provide that where a worker has been unable to take leave within a leave year due to sick absence he may carry over that entitlement only for a set period of time (in this case, 15 months). The carry over period must be sufficient to allow the right to take leave to be exercised, but to allow leave to accrue indefinitely would not achieve the purposes of the Working Time Directive in ensuring that workers have proper breaks from work. There is no minimum period of 18 months as previously suggested.

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