Part IN.I. Claims for and Payments and General Administration of Benefit

Statutory sick payN.I.

12 Duties of employees etc. in relation to statutory sick pay.N.I.

(1)Any employee who claims to be entitled to statutory sick pay from his employer shall, if so required by his employer, provide such information as may reasonably be required for the purpose of determining the duration of the period of entitlement in question or whether a period of entitlement exists as between them.

(2)The Department may by regulations [F1made with the concurrence of the Inland Revenue] direct—

(a)that medical information required under subsection (1) above shall, in such cases as may be prescribed, be provided in a prescribed form;

(b)that an employee shall not be required under subsection (1) above to provide medical information in respect of such days as may be prescribed in a period of incapacity for work.

(3)Where an employee asks an employer of his to provide him with a written statement, in respect of a period before the request is made, of one or more of the following—

(a)the days within that period which the employer regards as days in respect of which he is liable to pay statutory sick pay to that employee;

(b)the reasons why the employer does not so regard the other days in that period;

(c)the employer’s opinion as to the amount of statutory sick pay to which the employee is entitled in respect of each of those days,

the employer shall, to the extent to which the request was reasonable, comply with it within a reasonable time.

Textual Amendments

F1Words in s. 12(2) inserted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 41; S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of that S.R.)