Commentary

(3) Scope of contractual sick pay clauses

Division BI Pay
| Commentary

(3) Scope of contractual sick pay clauses

| Commentary

(3)     Scope of contractual sick pay clauses

Where the employer operates a contractual sick pay scheme, it is important to check the contractual wording very carefully, both as to the circumstances in which sick pay is to become due and the amount and duration of the entitlement. This is because schemes vary enormously from one employer to the next. Typically, the entitlement to sick pay will only arise after a minimum period of service, for example following completion of a probationary period, and will only last for a limited period, ranging from a few weeks to a year, but rarely longer than that. Alternatively, entitlement may be restricted to a finite number of weeks within a rolling twelve-month period.

So far as the amount of sick pay is concerned, it is common to see clauses whereby the employee is to receive 'full pay' for an initial period of say three months, with entitlement falling to half pay for a further limited period. The contract may also provide that any further payments are to be at the discretion of the employer (as to which see

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