PART VIIISUSPENSION FROM WORK

Suspension on medical grounds

Right to remuneration on suspension on medical grounds96

1

An employee who is suspended from work by his employer on medical grounds is entitled to be paid by his employer remuneration while he is so suspended for a period not exceeding twenty-six weeks.

2

For the purposes of this Part an employee is suspended from work on medical grounds if he is suspended from work in consequence of—

a

a requirement imposed by or under any statutory provision, or

b

a recommendation in a provision of a code of practice issued or approved under Article 18 of the [1978 NI 9.] Health and Safety at Work (Northern Ireland) Order 1978,

and the provision is for the time being specified in paragraph (3).

3

The provisions referred to in paragraph (2) are—

  • Regulation 2 of the [SR&O 1913 No. 2.] Manufacture and Decoration of Pottery Regulations 1913,

  • F1Regulation 24 of the Ionising Radiations Regulations (Northern Ireland) 2000 [SR 2000 No. 375]

  • Regulation 16 of the [SR 1986 No. 36.] Control of Lead at Work Regulations (Northern Ireland) 1986,

  • Regulation 11 of the [SR 1995 No. 51.] Control of Substances Hazardous to Health Regulations (Northern Ireland) 1995.

4

The Department may by order add provisions to or remove provisions from the list of provisions specified in paragraph (3).

5

For the purposes of this Part an employee shall be regarded as suspended from work on medical grounds only if and for so long as he—

a

continues to be employed by his employer, but

b

is not provided with work or does not perform the work he normally performed before the suspension.