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Court rules that death doesn't end vacation benefits

Published June 12, 2014 10:05 am
This is an archived article that was published on sltrib.com in 2014, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Berlin • Dying for a holiday, but can't fit one in? Not to worry — a new European court ruling says vacation benefits are still valid after death.

The European Court of Justice ruled Thursday in the case of a German man whose widow had claimed, as his heir, that she was due payment for 140.5 days of vacation he had not taken because he was on sick leave and for other reasons.

A German court had thrown out her case, relying on local law stipulating that when the employee dies, the employment contract is terminated.

But the Luxembourg-based appeals court said European law supersedes national legislation and dictates that "the unintended occurrence of the worker's death must not retroactively lead to a total loss of the entitlement to paid annual leave."




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