The worker is recognized as having permanent disability

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Initially, there was controversy regarding the conservation of holidays during situations of temporary disability, as we analyzed in the post “ Vacations and temporary disability .” Both the Court of Justice of the European Union and the Supreme Court recognize the conservation of the right to enjoy holidays when they coincide in whole or in part with temporary disability .

This is a very common case, where the worker is temporarily incapacitated and is finally declared permanently incapacitated, thus terminating the employment relationship. The worker has the right to request financial compensation for unused holidays due to being temporarily incapacitated.

Unused vacations must be paid even if the worker has not provided services for any day during the year due to being temporarily incapacitated.


Both the doctrine of the Court of Justice of the European Union and our Supreme sweden phone number Court understand that the worker does not lose the right to annual vacations due to temporary disability, even if his situation lasts until the termination of his employment relationship due to the recognition of permanent disability.

The worker is recognized as having a permanent but revisable disability
This is a similar case to the previous one, but in this case the employment contract is not terminated but suspended, since the worker is recognised as having a permanent, but revisable, disability. The consequences will be different if this review indicates that the worker is fit to work or, on the contrary, that he or she remains incapacitated.

We are faced with a case of suspension regulated in article 48.2 of the Workers' Statute, which provides for the reservation of the job for a period of 2 years.

Article 48.2 ET : In the event of temporary disability, following the termination of this situation with a declaration of permanent disability in the degrees of total permanent disability for the usual profession, absolute for any work or severe disability, when, in the opinion of the rating body, the worker's disability situation will foreseeably be subject to review due to improvement that will allow his or her return to the job, the suspension of the employment relationship will continue, with the job reserved , for a period of two years from the date of the resolution declaring the permanent disability.


Following the doctrine of the Supreme Court, specifically the Supreme Court ruling of February 10, 2015 , this singular suspension of the contract does not prevent the worker from requesting financial compensation for unused vacations; during the period of contractual suspension, the right to new vacation periods is not generated.