Continuous employment
34.—(1) A week is to be treated for the purposes of sections 167ZU and 167ZW of the 1992 Act (see also regulations 30 and 31) as part of a period of continuous employment with the employer even though no contract of service exists with that employer in respect of that week in the circumstances mentioned in paragraph (2) and subject to paragraphs (3) and (4).
(2) The circumstances mentioned in paragraph (1) are that in any week the person is, for the whole or part of the week—
(a)incapable of work in consequence of sickness or injury;
(b)absent from work on account of a temporary cessation of work; or
(c)absent from work in circumstances such that, by arrangement or custom, that person is regarded as continuing in the employment of their employer for all or any purposes;
and returns to work for their employer after the incapacity for or absence from work.
(3) Incapacity for work which lasts for more than 26 consecutive weeks shall not count for the purposes of paragraph (2)(a).
(4) Where a person—
(a)is an employee in employed earner’s employment in which the custom is for the employer—
(i)to offer work for a fixed period of not more than 26 consecutive weeks;
(ii)to offer work for such period on two or more occasions in a year for periods which do not overlap; and
(iii)to offer the work available to those persons who had worked for the employer during the last or a recent such period; but
(b)is absent from work because of incapacity arising from some specific disease or bodily or mental disablement,
then in that case paragraph (2) shall apply as if the words “and returns to work for their employment for their employer after the incapacity for or absence from work” were omitted.