Sick Leave Act 2022
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PART 2 Statutory Sick Leave | ||
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Employee’s entitlement to statutory sick leave | ||
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5. (1) Subject to this Act, an employee shall, in respect of a day on which he or she would ordinarily work but is incapable of doing so due to illness or injury (in this Act referred to as a “statutory sick leave day”), be entitled to statutory sick leave. | ||
(2) An employee shall be entitled to up to and including 3 statutory sick leave days in a year, or such number of statutory sick leave days as may stand specified from time to time by order of the Minister under section 6 . | ||
(3) Statutory sick leave days may be consecutive days or non-consecutive days. | ||
(4) The first day in a year that an employee is incapable of working due to illness or injury shall be the employee’s first statutory sick leave day, and any subsequent statutory sick leave days shall be construed accordingly. | ||
(5) Subject to subsection (7), an employee’s entitlement to a statutory sick leave day shall not commence before a time when he or she has completed 13 weeks continuous service with his or her employer. | ||
(6) The provisions of the First Schedule to the Minimum Notice and Terms of Employment Act 1973 shall apply for the purposes of ascertaining the period of service of an employee and whether or not that service has been continuous. | ||
(7) For the purposes of this section, where an employee ceases to be the employee of an employer and, not more than 26 weeks after the date of cesser, the employee again becomes the employee of the employer, the period of service of that employee with that employer before the date of cesser shall be deemed to be continuous with the period of service of that employee with that employer after again becoming such employee. | ||
(8) Subject to subsection (9), an employee shall be entitled to statutory sick leave payment from his or her employer in accordance with section 7 in respect of each statutory sick leave day. | ||
(9) An employee shall, in respect of a statutory sick leave day, provide his or her employer with a medical certificate in an official language of the State signed by a registered medical practitioner stating that the employee named in the certificate is unable to work. | ||
(10) In this section, “registered medical practitioner” has the same meaning as it has in the Medical Practitioners Act 2007 . |