Limitations on entitlement to agricultural sick pay
21.—(1) Agricultural sick pay will not be payable for the first 3 days sickness absence in circumstances where the duration of the sickness absence is less than 14 days.
(2) During each period of entitlement, the maximum number of weeks that an agricultural worker is entitled to agricultural sick pay is—
(a)13 weeks where the agricultural worker has been employed by the same employer for at least 12 months but not more than 24 months;
(b)16 weeks where the agricultural worker has been employed by the same employer for at least 24 months bur not more than 36 months;
(c)19 weeks where the agricultural worker has been employed by the same employer for at least 36 months but not more than 48 months;
(d)22 weeks where the agricultural worker has been employed by the same employer for at least 48 months but not more than 59 months;
(e)26 weeks where the agricultural worker has been employed by the same employer for 59 months or more.
(3) Where an agricultural worker works basic hours or, where applicable any guaranteed overtime, on a fixed number of days each week, the maximum number of days of agricultural sick pay that the agricultural worker is entitled to is calculated by multiplying the maximum number of weeks relevant to the agricultural worker by the number of qualifying days worked each week.
(4) Where an agricultural worker works basic hours or, where applicable any guaranteed overtime, on a varying number of days each week, the maximum number of days of agricultural sick pay that the agricultural worker is entitled to is calculated by multiplying the maximum number of weeks relevant to that worker by the number of relevant days.
(5) The number of relevant days is calculated by dividing the number of qualifying days worked during a period of 12 months leading up to the period of sickness absence by 52.
(6) An agricultural worker’s maximum entitlement to agricultural sick pay applies regardless of the number of occasions of sickness absence during any period of entitlement.
(7) Subject to paragraph (8), in this article, “a period of entitlement” is a period beginning with the commencement of a sickness absence and ending 12 months later.
(8) If the agricultural worker has a period of sickness absence which commences at any time during the period of entitlement described in paragraph (7), but which continues beyond the end of that period of entitlement, the period of entitlement must be extended so as to end on whichever of the following first occurs—
(a)the date when the agricultural worker’s sickness absence ends and the agricultural worker returns to work; or
(b)the day on which the agricultural worker reaches the maximum entitlement to agricultural sick pay applicable to the 12 month period referred to in paragraph (7) (had it not been extended).