7.—(1) Subject to paragraph (2), notice of any day of incapacity for work shall be given by or on behalf of an employee to his employer—
(a)in a case where the employer has decided on a time limit (not being one which requires the notice to be given earlier than F1... the first qualifying day in the period of incapacity for work which includes that day of incapacity for work) [F2or by a specified time during that qualifying day] and taken reasonable steps to make it known to the employee, within that time limit; and
(b)in any other case, on or before the seventh day after that day of incapacity for work.
(2) Notice of any day of incapacity for work may be given [F3one month] later than as provided by paragraph (1) where there is good cause for giving it later [F4or if in the particular circumstances that is not practicable, as soon as it is reasonably practicable thereafter], so however that it shall in any event be given on or before the 91st day after that day.
(3) A notice contained in a letter which is properly addressed and sent by prepaid post shall be deemed to have been given on the day on which it was posted.
(4) Notice of any day of incapacity for work shall be given by or on behalf of an employee to his employer—
(a)in a case where the employer has decided on a manner in which it is to be given (not being a manner which imposes a requirement such as is specified in paragraph (5)) and taken reasonable steps to make it known to the employee, in that manner; and
(b)in any other case, in any manner, so however that unless otherwise agreed between the employer and employee it shall be given in writing.
(5) The requirements mentioned in paragraph (4)(a) are that notice shall be given—
(a)personally;
(b)in the form of medical evidence;
(c)more than once in every 7 days during a period of entitlement;
(d)on a document supplied by the employer; or
(e)on a printed form.
Textual Amendments
F1Words in reg. 7(1)(a) omitted (16.4.1984) by virtue of The Statutory Sick Pay (General) Amendment Regulations 1984 (S.I. 1984/385), regs. 1, 2(b)
F2Words in reg. 7(1)(a) inserted (16.4.1984) by The Statutory Sick Pay (General) Amendment Regulations 1984 (S.I. 1984/385), regs. 1, 2(b)
F3Words in reg. 7(2) inserted (6.4.1996) by The Social Security Contributions, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/777), regs. 1, 2(3)(a)
F4Words in reg. 7(2) inserted (6.4.1996) by The Social Security Contributions, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/777), regs. 1, 2(3)(b)