PART 4

Entitlement to agricultural sick pay

Determining the amount of agricultural sick pay
22
1
Agricultural sick pay is payable at a rate which is equivalent to the minimum hourly rate of pay prescribed in article 12 of, and Schedule 4 to, this Order as applicable to that grade or category of agricultural worker.
2
The amount of agricultural sick pay payable to an agricultural worker is determined by calculating the number of daily contractual hours that would have been worked during a period of sickness absence.
3
The number of daily contractual hours are determined—
a
in circumstances where an agricultural worker works a fixed number of hours each week by dividing the total number of hours worked during any week by the number of days worked in that week;
b
in circumstances where an agricultural worker works a varying number of hours each week, by applying the formula—
(Q H ÷ 8)/(D W E W)
where for the purposes of this article:
- QH is the total number of qualifying hours in the period, and
- DWEW is the number of days worked each week by the agricultural worker when taken as an average during a period of 8 weeks immediately preceding the commencement of the sickness absence.
4
In this article “qualifying hours” are hours where—
a
the agricultural worker worked basic hours or guaranteed overtime;
b
the agricultural worker took annual leave or bereavement leave;
c
the agricultural worker had sickness absence qualifying for agricultural sick pay under this Order; or
d
the agricultural worker had sickness absence not qualifying for agricultural sick pay under this Order; and
- “qualifying days” are any days within the period on which there were qualifying hours relating to the agricultural worker.
5
For the purposes of calculations under this article, where an agricultural worker has been employed by their employer for less than 8 weeks, account must be taken of qualifying hours and qualifying days in the actual number of weeks of the agricultural worker’s employment with their employer.