NO – The European Court of Justice (CJEU) held in Trinbunalul Botosani -v- Dicu that there was no entitlement for the employee to accrue annual leave whilst on Parental Leave as this contractual right had been suspended.
Ms Dicu, the claimant, had been absent from work on Maternity leave followed by a period of Parental leave and finally a period of annual leave. Ms Dicu’s employer declined to provide Ms Dicu with a period of annual leave as they believed annual leave would not have accrued during her period of Parental leave. Her employers stated that parental leave was not an actual period of work and therefore no annual leave could have accrued.
In this case the CJEU reviewed the Parental Leave Directive and the Working Time Directive. Following review of both documents in detail it was found that the CJEU supported the employer’s decision not to apportion annual leave for the period of Parental Leave. The Working Time Directive states the right to annual leave is based on the precondition that the employee was actually at work, however there are exceptions to this rule e.g. sick leave which is unplanned and maternity leave which is in place to protect the employee. The Parental Leave directive provided confirmation that the contract of employment during Parental Leave is temporarily suspended and therefore it could not be classed as a period of work under the Working Time Directive.