Regulation 4 Maximum entitlement to Statutory Sick Pay in a period of entitlement

The following regulation shall be inserted after regulation 3 of the principal regulations:—

““Maximum entitlement to Statutory Sick Pay in a period of entitlement

3A

(1)

For the purpose of determining whether an employee's maximum entitlement to statutory sick pay has been reached in a period of entitlement as between him and an employer of his, days falling within a previous period of entitlement as between the employee and any person who is or has in the past been an employer of his are, subject to paragraph (3), to be counted in the circumstances specified in paragraph (2).

(2)

The circumstances specified for the purpose of paragraph (1) are—

(a)

the period of entitlement as between the employee and his employer arose not more than 8 weeks after the last day in respect of which a person who is or has in the past been an employer of his was liable to make to him a payment of statutory sick pay; and either

(b)

the employee has provided his employer with a statement issued in accordance with regulation 15A by a previous employer of his—

(i)

on or before the seventh day after the first qualifying day in the period of entitlement, or

(ii)

within such longer period as the employer may require,

so however that where an employee shows good cause for delay in providing the statement, he may provide it later than the time specified in heads (i) and (ii) above but not later than the ninety-first day after the first qualifying day in the period of entitlement; or

(c)

the employer has himself issued such a statement to the employee.

(3)

Where an employee provides his employer with more than one statement or the employer himself issued more than one statement such as is referred to in paragraph (2), the employer shall have regard to one only of those statements and if the number of weeks specified in the statements is not the same he shall have regard to the statement which specifies the greatest number of weeks.

(4)

For the purposes of paragraph (2)(b) a statement enclosed in an envelope which is properly addressed and sent by prepaid post shall be deemed to have been provided on the day which it was posted.

(5)

The employer shall return the statement to the employee where—

(a)

a period of entitlement does not arise as between the employee and his employer, or

(b)

the employee leaves his employment with the employer within eight weeks of its commencement, and the employer is not himself required to provide the employee with a statement in accordance with regulation 15A,

and in such cases regulation 13(2) shall not apply to him.”.