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Working Time Regulations

Volume 405: debated on Monday 19 May 2003

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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]

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.