Written question asked by Lord Bellingham (Conservative) on Monday, 12 May 2003, in the House of Commons. It was due for an answer on Monday, 19 May 2003. It was answered by Alan Johnson (Labour) on Monday, 19 May 2003 on behalf of the Department of Trade and Industry.

Dept of Trade and Industry

Question: To ask the Secretary of State for Trade and Industry, whether employees who are (a) serving prison sentences, (b) asbent on long term sickness and (c) absent on sabbaticals and unpaid leave will continue to accrue paid holiday entitlement under the Working Time Regulations; and what plans her Department has to change this.

Answer: Mr. Bellingham: To ask the Secretary of State for Trade and Industry whether employees who are (a) serving prison sentences, (b) absent on long-term sickness and (c) absent on sabbaticals and unpaid leave will continue to accrue paid holiday entitlement under the Working Time Regulations; and what plans her Department has to change this. [113495] Alan Johnson: All workers, including employees, are entitled under the Working Time Regulations to take leave during a leave year determined in accordance with the Regulations. Whether a worker can receive holiday pay during the absences described in (a) and (c) above, is generally a contractual matter for negotiation between workers and employers. There has been litigation on whether a worker can receive holiday pay during times of long- term sickness absence but this has not yet been resolved by the higher courts. Once it has been resolved, the Government will consider whether it is appropriate to amend the Regulations in consequence.

Secondary information