Sick Leave Act 2022
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Non-application of obligations under Act | ||
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9. (1) The obligations under this Act shall not apply to an employer who provides his or her employees a sick leave scheme where the terms of the scheme confer, over the course of a reference period set out in the scheme, benefits that are, as a whole, more favourable to the employee than statutory sick leave. | ||
(2) In determining, for the purposes of subsection (1), whether a sick leave scheme confers benefits that are, as a whole, more favourable than statutory sick leave, the following matters shall be taken into consideration: | ||
(a) the period of service of an employee that is required before sick leave is payable; | ||
(b) the number of days that an employee is absent before sick leave is payable; | ||
(c) the period for which sick leave is payable; | ||
(d) the amount of sick leave that is payable; | ||
(e) the reference period of the sick leave scheme. | ||
(3) In this section— | ||
“collective agreement” means an agreement by or on behalf of an employer on the one hand, and by or on behalf of a body or bodies representative of the employees to whom the agreement relates on the other hand; | ||
“enactment” has the same meaning as it has in the Interpretation Act 2005 ; | ||
“recognised trade union or staff association” means a body which is a holder of a negotiation licence under the Trade Union Act 1941 , or is an excepted body within the meaning of that Act which is sufficiently representative of the employees concerned; | ||
“sick leave scheme” means a scheme that provides for the payment of remuneration that an employee will be entitled to receive during a period of illness or injury according to the circumstances and subject to the conditions of the scheme under— | ||
(a) a contract of employment, | ||
(b) an enactment, | ||
(c) a collective agreement negotiated with a recognised trade union or staff association, or | ||
(d) any individual or other group arrangement. |