Holiday Pay Due On Death

Holiday Pay Due On Death.

The European Court of Justice (ECJ) has ruled that any outstanding paid holidays as yet untaken on death should be paid in full to the estate.

The test emerged following the a decision in the German Courts that a widow could not receive holiday pay due to her late husband.

The German courts ruled that on death the contract of employments so untaken holiday pay was not due. There were nearly 5 months untaken holiday due. The ECJ over ruled this decision.

Comment

This really depends upon your contract for employment. Some employers allow unused holiday to be carried over into a new holiday year, other employers force you take holiday within the year with no carry over.

We suggest this has repercussions for many employers in the UK who should revisit their contracts of employment.