Part XI Statutory Sick Pay

The qualifying conditions

148 Period of incapacity for work.

1

The first condition is that the day in question forms part of a period of incapacity for work.

2

In this Part of this Act “period of incapacity for work” means any period of four or more consecutive days, each of which is a day of incapacity for work in relation to the contract of service in question.

3

Any two periods of incapacity for work which are separated by a period of not more than 8 weeks shall be treated as a single period of incapacity for work.

4

The Department may by regulations direct that a larger number of weeks specified in the regulations shall be substituted for the number of weeks for the time being specified in subsection (3) above.

5

No day of the week shall be disregarded in calculating any period of consecutive days for the purposes of this section.

6

A day may be a day of incapacity for work in relation to a contract of service, and so form part of a period of incapacity for work, notwithstanding that—

a

it falls before the making of the contract or after the contract expires or is brought to an end; or

b

it is not a day on which the employee concerned would be required by that contract to be available for work.