Sickness and Sick Pay
Employers may wish to include a contractual right to sick pay, failing which the statutory right to a specified minimum level of sick pay will apply. The statutory payments are offset against contractual payments, and vice versa.
The written particulars given to an employee setting out the terms and conditions of his or her other employment must state whether or not the employer makes payments for periods of absence due to sickness and if so on what terms.
Under the statutory scheme the entitlement limit is to 28 weeks pay at the statutory level.
In order to qualify the employee must have 4 or more consecutive days of sickness, and notify his or her absence to the employer, and supply evidence of incapacity. In addition there is an average weekly earnings threshold.
Holidays
The contract of employment usually makes express provision for paid holidays to be given. However, under the Working Time Regulations workers are entitled to at least 4 weeks annual paid leave which accrues from day one of employment. Effectively, this means that during their first year of employment workers are entitled to one-twelfth of the annual holiday entitlement per month worked. There is also an entitlement to receive compensation for any untaken leave at the end of the employment.
Working Time Regulations
In addition, it should be noted that under the regulations the average working time (including overtime) in each 7 day period should not exceed 48 hours. Workers are entitled to a minimum daily rest period of 11 consecutive hours in each 24 hour period and minimum uninterrupted rest periods of 24 hours in every 7 day period (ie one day off per week minimum).
Where the working day is longer than 6 hours, workers are to be entitled to a rest break. In relation to night workers, the normal hours of work should not exceed an average of 8 hours in any 24 hour period. This also applies to those whose work involves special hazards, i.e. particularly heavy physical or mental strain, who should not be required to work more than 8 hours in any 24 hour period.
It is important to note that all of these limits apply from the first day of employment, and no qualifying period of service is required.
Maternity Leave
Those expecting a child on or after 1 April 2007 will be entitled to 26 weeks paid maternity leave and additional unpaid leave of up to 26 weeks. The statutory maternity pay period will be extended from 26 weeks to 39 weeks. The Government's ultimate aim is to extend this to a full year before the end of this Parliament.
All employees entitled to maternity leave are entitled to make use of 10 "Keeping in Touch" (KIT) days. KIT days will allow employees to do work under their contract of service without losing a week's statutory maternity pay and without bringing their maternity leave to an end. KIT days can be taken at any time during maternity leave other than the two weeks after the birth. Use of KIT days must be by agreement between the employee and the employer.
It is unlawful to dismiss (or single out for redundancy) a pregnant employee for reasons connected with her pregnancy. Such treatment will constitute grounds for automatic Unfair Dismissal and/or Sex Discrimination. At the end of the maternity leave period she is entitled to resume her normal job on the same terms and conditions as if she had not been absent. If however, a redundancy situation has arisen during her maternity leave, or if there is some other genuine reason why her original job is no longer available at the end of her maternity leave, she must be offered any suitable alternative work that is available at the point when she wants to return.
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