Provision of information by employers to employees

15.—(1) [F1Subject to paragraph (1A),] in a case which falls within paragraph (a), (b) or (c) of section 18(3) (provision of information by employers in connection with the making of claims for [F2short-term incapacity] and other benefits), the employer shall furnish to his employee, in writing on a form approved by the Secretary of State for the purpose [F3or in a form in which it can be processed by equipment operating automatically in response to instructions given for that purpose], the information specified in paragraph (2), (3) or (4) below respectively within the time specified in the appropriate one of those paragraphs.

[F4(1A) For the purposes of paragraph (1), where, in the particular circumstances of a case, it is not practicable for the employer to furnish the information within the specified time mentioned in paragraph (2), (3), (4)(b)(ii) or (5), he shall, not later than the first pay day within the meaning of regulation 9(1) immediately following the relevant specified time, furnish the information to his employee.]

(2) In a case which falls within paragraph (a) (no period of entitlement arising in relation to a period of incapacity for work) of section 18(3)—

(a)the information mentioned in paragraph (1) is a statement of all the reasons why, under the provisions of paragraph 1 of Schedule 1 and regulations made thereunder, a period of entitlement does not arise; and

(b)it shall be furnished not more than 7 days after the day on which the employer is notified by or on behalf of the employee of the employee's incapacity for work on the fourth day of the period of incapacity for work

(3) In a case which falls within paragraph (b) (period of entitlement ending but period of incapacity for work continuing) of section 18(3)—

[F5(a)[F6the information mentioned in paragraph (1) above is a statement informing the employee of—

(i)the reason why the period of entitlement ended;

(ii)the date of the last day in respect of which the employer is or was liable to make a payment of statutory sick pay to him.]

(b)the statement shall be furnished not more than 7 days after the day on which the period of entitlement ended, or if earlier, on the day on which it is already required to be furnished under paragraph (4).

(4) In a case which falls within paragraph (c) (period of entitlement expected to end before period of incapacity for work ends, on certain assumptions) of section 18(3)—

[F7(a)the information mentioned in paragraph (1) above is a statement informing the employee of—

(i)the reason why the period of entitlement is expected to end;

(ii)the date of the last day in respect of which the employer is or was expected to be liable to make a payment of statutory sick pay to him.]

[F8(b)the statement shall be furnished—

(i)in a case where the period of entitlement is expected to end in accordance with section 3(2)(b) of the Act (maximum entitled to statutory sick pay), on or before the 42nd day before the period of entitlement is expected to end, or

(ii)in any other case, on or before the seventh day before the period of entitlement is expected to end,]

F9...

(5) For the purposes of section 18(3)(c)(i) (period for which the period of incapacity for work is to be assumed to continue to run) the prescribed period shall be 14 days.]

Textual Amendments