Minister in the Office of the Prime Minister, Stuart Young says there is presently no existing term and condition to allow the Chief Justice to proceed on sabbatical leave.
Chief Justice Ivor Archie has applied for a six-month sabbatical which appears to have been approved by the Office of the President.
The Office of the President has since written to Prime Minister Dr Keith Rowley, inviting him to consult on the appointment of an acting Chief Justice.
Byt speaking at today's post-Cabinet news conference, Young said that there is no provision or recommendation in the Salaries Review Commission's report of 2013 to allow for it.
Instead, he said there is only an agreement in principle that the suggestion was "not a bad idea".
As a result, Young says there should be no discussion about sabbatical leave.
Young told the media that Prime Minister Rowley only received communication from the Office of the President on Tuesday regarding the sabbatical application by the Chief Justice.
The prime minister has written to the president seeking clarification on the basis for the application and is awaiting a reply.
President Anthony Carmona is currently out of the country and Senate President Christine Kangaloo is acting in that role.