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Employment Rights Act 1996, Section 64 is up to date with all changes known to be in force on or before 14 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)An employee who is suspended from work by his employer on medical grounds is entitled to be paid by his employer remuneration while he is so suspended for a period not exceeding twenty-six weeks.
(2)For the purposes of this Part an employee is suspended from work on medical grounds if he is suspended from work in consequence of—
(a)a requirement imposed by or under a provision of an enactment or of an instrument made under an enactment, or
(b)a recommendation in a provision of a code of practice issued or approved under section 16 of the M1Health and Safety at Work etc. Act 1974,
and the provision is for the time being specified in subsection (3).
(3)The provisions referred to in subsection (2) are—
Regulation 16 of the M2Control of Lead at Work Regulations 1980,
Regulation 16 of the M3Ionising Radiations Regulations 1985, and
Regulation 11 of the M4Control of Substances Hazardous to Health Regulations 1988.
(4)The Secretary of State may by order add provisions to or remove provisions from the list of provisions specified in subsection (3).
(5)For the purposes of this Part an employee shall be regarded as suspended from work on medical grounds only if and for so long as he—
(a)continues to be employed by his employer, but
(b)is not provided with work or does not perform the work he normally performed before the suspension.
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