PART 4 Entitlement to agricultural sick pay

Determining the amount of agricultural sick pay
21. (1) Agricultural sick pay is payable at a rate which is equivalent to at least the minimum hourly rate of pay prescribed in article 11 of, and Schedule 1 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—
QH ÷ 8
DWEW
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 days” (“diwrnodau cymwys”) are any days within the period on which there were qualifying hours relating to the agricultural worker;
“qualifying hours” (“oriau cymwys”) 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.