The European Court of Justice has held that where an employee is sick during a period of annual leave he will be entitled to take an equivalent period of annual leave after he is fit to return to work, and that, if necessary, this leave may be taken in a subsequent leave year.

Vicente Pereda (Free movement of persons) [2009] EUECJ C-277/08

As a result of this decision, the Working Time Regulations will require amendment to permit workers to carry forward annual leave in such circumstances.