European Employers Have To Give Sick Workers More Vacation, Court Rules

european workers vacationThroughout August in Europe, shops are shuttered, offices empty, streets go quiet.

The European Union requires that every worker gets at least four weeks of paid vacation a year, and many countries mandate six. An extra guarantee was added to that this week, when Europe's highest court ruled Thursday that if a worker got sick on vacation, that person had the legal right to take another one.

For Americans, this is hard to fathom. Here employers don't have to give their workers any paid vacation or sick days, and big business lobbies have fought bitterly to keep it that way. Many critics of the EU, including presidential contender Mitt Romney, have also tied luxurious benefits, like a month of salaried downtime, to Europe's current financial troubles.

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This court case began in Spain, a country currently grappling with an unemployment rate of 24 percent, and one of over 50 percent among the young. Spanish workers are already allowed to reschedule their vacation if they get sick beforehand, and can re-do their vacation if it coincides with a temporary incapacity from work due to pregnancy or breastfeeding.

But a group of unionized department store workers demanded the right to take paid leave at a later date if they suffer any kind of incapacity during their vacation time, such as a sprained ankle or the flu.

They won their case in Spanish court, but a business group appealed the decision up to the Supreme Court in Madrid, and finally to the Court of Justice of the European Union, based in Luxembourg, whose word has sway over the laws of 27 countries.

"The purpose of entitlement to paid annual leave is to enable the worker to rest and enjoy a period of relaxation and leisure," the judges ruled. "The purpose of entitlement to sick leave is different, since it enables a worker to recover from an illness that has caused him to be unfit for work."

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Mitt Romney had said that bringing European-style benefits to the U.S. would "poison the very spirit of America," but as Time reported, many economists say that such lengthy vacation actually leaves hardly a mark on the overall economy, and the cost is usually tucked away in employees' salaries.

There have been some efforts to bring mandatory paid vacation time to the U.S. In 2009, Rep. Alan Grayson (D-Fla.) introduced a "Paid Vacation Act," which would, if successful, have required companies with more than 100 employees to offer one week of paid vacation time to all workers who have been there for at least a year.

"We were attacked for that as if we were advocating the end of human civilization," says John de Graaf, the national coordinator of the worker-advocacy group Take Back Your Time, who helped Grayson draft the bill. It found only five, Democratic co-sponsors.

More: 4 Ways To Find A Job While On Vacation

But Europe's workers, many of whom are unemployed, are clinging to their rights, as austerity measures fast erode the generosity of their welfare states. When Spanish Prime Minister Mariano Rajoy recently proposed reforms that would cut severance pay, permit companies to unilaterally reduce employees' salaries, and opt out of collective wage agreements, people came out to protest in the thousands.

Paid vacation in the U.S., it seems, is considered a luxury and a privilege. But in Europe, it is so hallowed that not even sickness is allowed to mess it up.




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Claire Gordon

Staff Writer

Claire Gordon has contributed to Slate's DoubleX, the Huffington Post, and the book Prisons: Current Controversies. While an undergraduate at Yale University and a research fellow at Yale graduate school, she spoke on panels at Yale and Cornell, and reported from Cairo, Tokyo, and Berlin.

Follow Claire on Twitter. Email Claire at claire.gordon@teamaol.com. Add Claire to your Google+ circles.

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slevyallen

...but don't forget that America is "the greatest country in the world," as we so often like to tell ourselves. Uh-hh, right....

January 22 2013 at 6:10 PM Report abuse rate up rate down Reply
sheila_marler

Unions have far less power in the United States than in Europe. This is especially true in periods where they lack support from state and federal government. In Europe, unions are more effective because the state is supportive of workers' rights. However, even when elected officials in the United States have been favorable to union activity, benefits lag behind those in Europe. Big business and the churches that pander to it are far to influential in American politics. http://hammy64000.com/page/2/

August 22 2012 at 3:24 PM Report abuse rate up rate down Reply
jaxkiang

I worked for a company briefly in Europe millions of years ago and they give workers 4 weeks PAID vacation, I unfortunately regret never taking it...:(

June 26 2012 at 12:13 AM Report abuse rate up rate down Reply
Sweet Caroline

It's really sad to have to face the fact that workers in the US have so little value. Our companies have all the power and act with benevolence only toward the top eschelons and the stockholders. How did we get this way?

June 25 2012 at 10:45 PM Report abuse rate up rate down Reply
cesarantioch

Seems like a good idea, take a bite out of the big fish, In the US we get hurt they make you take a urine test before they call an ambulance, like that man from Dallas he was dying and some guy unzipped his pants to take a sample instead of calling 911. The man later died from the fall with only 2 weeks to retire

June 25 2012 at 10:33 PM Report abuse rate up rate down Reply
cesarantioch

nrhjnr

June 25 2012 at 10:25 PM Report abuse rate up rate down Reply
bba007

We all know that only the privedged owners and their minions deserve time off. The workers need to keep working to support the CEO's and his/her underlings big salaries. And if the company goes down, so what, they already have their nest egg.

June 25 2012 at 9:42 PM Report abuse rate up rate down Reply
CHACHI

well, as soon as they go belly-up vacation will be even longer...

June 25 2012 at 9:20 PM Report abuse rate up rate down Reply
craigmrfrn

Anybody who thinks this is why they are having trouble in Europe is dead wrong. I try to never take vacation because I enjoy working, but taking vacation has very little to due with the prosperity of a company and / or country.

June 25 2012 at 6:23 PM Report abuse -1 rate up rate down Reply
ccdae5

It's no wonder they're broke, they don't work!

June 25 2012 at 5:25 PM Report abuse +2 rate up rate down Reply
1 reply to ccdae5's comment
jaxkiang

don't know why we give aid to these countries never heard of them giving it back.

June 26 2012 at 12:15 AM Report abuse rate up rate down Reply

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