How long can someone remain a worker whilst employed but on holiday and does it make a difference whether the holiday is paid or unpaid? My client initially took two weeks paid holiday when his wife fell seriously ill so that he could look after their many children. She has remained in a bad way and he has had a further 4 weeks holiday without pay. Can he still count as a worker?

Maybe, is this with regard to claiming/getting Jsa? Housing Benefit? or right to remain etc?

Possible differing answers depending on which.

Yes I was a bit sparse with the info wasn't I - oops!

Mainly thinking about R2R for HB. He is an A8 notional and had been doing registered work for just over 6 months before he had to take this time off and he is on HB & CTB.

If he is just on leave from his job then he is still employed.

Under the worker registration scheme a break in employment of up to 30 days in the first 12 months does not affect the accumulation of 12 months' work, but in your case there is no break in employment in any case.

Thinking about it a bit more he will be using his legally enforcable right to time off to deal with dependants in an emergency which I think puts him in different position from someone just taking unpaid time off.

Whilst I think Andy is right that he would remain employed if he just had a period of unpaid leave I think the ammount of leave may be relevant in deciding R2R. If he did one weeks work followed by 11 months and 3 weeks of unpaid leave would this raise a question about whether the work was genuine and effective?