« Previous | Contents | Next »
Listen
Part 5 Absences Due to Ill-Health
Qualifying workers
15.-This Part applies to workers who have been continuously employed by the same employer for at least 52 weeks.
Qualifying days
16.-(1) Subject to the provisions of this Part, a worker shall be paid by his employer in accordance with this Part for each qualifying day up to a total, in any period of 52 weeks (including any week commencing before the coming into force of this Order), of the number of days calculated in accordance with the following formula-
13 x D
where
D represents the worker's contractual days of work per week in accordance with article 9.
(2) Any payment in accordance with this Part will be taken to be in satisfaction of the employer's obligation to pay Statutory Sick Pay, within the meaning of the Social Security Contributions and Benefits Act 1992( a).
( a) 1992 c.4.
( b) 1971 c.38.
(3) In this Part, "qualifying day" means a day during which the worker is absent from work as a result of -
(a) sickness or injury; or
(b) any other medical condition which a registered medical practitioner has certified in writing renders it necessary that the worker be absent from work; or
(c) a statement in writing by a registered medical practitioner to the effect that the worker should not work because of a contagious or infectious disease and in the case of either (a), (b) or (c)
(i) the day is not one of the first 3 days of a period of absence,
(ii) the injury is not one in respect of which statutory maternity pay, within the meaning of the Social Security Contributions and Benefits Act 1992, is payable,
(iii) the day is not a holiday remunerated in accordance with Part 4,
(iv) the worker is not in legal custody, and
(v) the absence does not arise from intentional self-inflicted injury or the consumption of alcohol or a controlled drug (within the meaning of the Misuse of Drugs Act 1971 (b)).
Payment for qualifying days
17.-Subject to the following provisions of this Order, for each qualifying day, a worker shall be paid no less than a sum calculated in accordance with the following formula-
where
C represents the worker's contractual hours of work per week or 39 hours, whichever is the lower, and
D represents the worker's contractual days of work per week in accordance with article 9.
Conditions of payment
18.-(1) A worker shall not be entitled to be paid in accordance with article 17 unless-
(a) he has notified his employer within 24 hours from the usual starting time on the first day of absence of the fact of, and reasons for, his absence,
(b) he provides, within 24 hours of a written request by his employer to do so, a written statement signed by him stating the reason for his absence,
(c) for periods of sickness under article 16(3)(b) or (c) above, he provides to his employer, within 24 hours from the usual starting time on the first day of absence, the appropriate certificate or statement,
(d) for periods of sickness under article 16(3)(a) above lasting 4, 5 or 6 days, he provides to his employer either-
(i) a written statement signed by him stating the reason for his absence
(ii) a medical certificate advising him to refrain from work due to sickness or injury
(iii) a certificate of admission to hospital,
(e) for periods of sickness under article 16(3)(a) above of 7 days or more, he provides to his employer either-
(i) a medical certificate advising him to refrain from work due to sickness or injury, or
(ii) a certificate of admission to hospital.
(2) For the purpose of paragraph (1)(d) and (e) above, the period of an absence shall not include a day-
(a) on which the worker is not contractually obliged to work, or
(b) which is a holiday in accordance with article 10.
« Previous | Contents | Next »