As the end of the leave year approaches for many businesses, it is worth noting a recent decision in the case of Max-Planck-Gesellschaft v Shimizu – the CJEU held that in accordance with the Working Time Directive leave should not automatically be lost if a worker does not exercise the right to paid annual leave in any year, unless the employer has ‘diligently’ brought it to the worker’s attention that leave will be lost, the burden of proof falling on the employer.  

Employers need not require employees to take leave, but must inform them accurately and in good time of the right.

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