SICKNESS OR INJURY Clause Samples
The 'SICKNESS OR INJURY' clause defines how situations involving an individual's illness or physical harm are addressed within the context of the agreement. Typically, this clause outlines the rights and obligations of the parties if a person covered by the contract becomes sick or injured, such as entitlements to leave, compensation, or adjustments to duties. Its core function is to provide a clear framework for managing absences or changes in performance due to health issues, ensuring both parties understand their responsibilities and reducing disputes related to health-related interruptions.
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SICKNESS OR INJURY. The Executive is entitled to be paid during any period of absence from work due to sickness or injury, subject however to the provisions of Clause 9.
SICKNESS OR INJURY. A leave of absence because of sickness or injury, not to exceed ninety (90) days, will be granted to an employee upon written request supported by medical evidence. Extensions will be granted up to ninety (90) days at a time for a cumulative total of one (1) year, if requested and granted in writing supported by proper medical evidence prior to each expiration. The above leave may be extended one (1) additional year by mutual agreement between the Union and the Employer.
SICKNESS OR INJURY. 10.1 Absence due to sickness or injury for a period of 5 days or less must be notified to the Employee’s line manager as soon as practicable and in any event prior to 10am on the first working day of absence together with an explanation for the absence and an estimate of the period of absence envisaged. Any change in the estimated period of absence must be notified as soon as the Employee becomes aware of that change. The Employee may be required to complete and sign a self-certification form relating to such absence and the reasons for it upon return to work.
10.2 In the event of the Employee being absent for more than 5 days, medical evidence must be produced in the form of a statement of reasons for absence completed by a qualified medical practitioner and sent to the Line Manager.
10.3 If the Employee is absent on account of illness or injury, subject to clause 10.4, the Employee will be entitled to normal basic rate of pay less any social security benefits recoverable (whether or not recovered) for up to 12 weeks in any period of 52 consecutive weeks (“Company Sick Pay”). Thereafter the Employee will only receive any statutory sick pay (“SSP”) to which the Employee may be entitled.
10.4 In order to qualify for Company Sick Pay the Employee must comply with all notification and certification requirements in this clause 10. This includes keeping the Company regularly informed about the Employee’s expected date of return to work.
10.5 Any payment in addition to that payable by the Company under clause 10.3 shall be at the discretion of the Company.
10.6 SSP will be paid by the Company in accordance with the legislation in force at the time of absence. Any payment of Company Sick Pay for a day of absence will discharge the Company’s obligation to pay SSP for that day.
10.7 At any time during the Employee’s employment, the Company may require the Employee to be medically examined at the Company’s expense by a medical practitioner nominated by the Company and the Employee agrees to provide such formal consents as are required to ensure that a report of that examination may be provided to the Company.
10.8 If, in the opinion of the Board, the Employee is or has been unable to perform his/her duties properly by reason of illness or injury for a period or periods exceeding 12 weeks (whether or not any days not worked are normal working days) in aggregate in any period of 52 consecutive weeks, or if the Board at any time has reason to believe that because of an...
SICKNESS OR INJURY a. In the event of sickness or injury, you must comply with the Company’s sickness absence policy as amended from time to time, details of which are available from your line manager. If you are absent from work due to sickness or injury you must: (a) report the absence to the Company and ▇▇▇▇ as soon as possible, and in any event by 10am on the first morning of your absence; (b) notify your line manager of the reason for your absence and the likely duration and keep them updated; (c) contact the Company and ▇▇▇▇ on a regular agreed basis if your absence is for more than two consecutive days and advise of the expected duration of absence; and (d) complete as soon as possible a self-certification form and forward it to your line manager.
b. If you are absent from work due to sickness or injury for more than seven days (including non-working days), you shall as soon as is reasonably practicable thereafter send to the Company and to ▇▇▇▇ a statement of your incapacity signed by an independent registered medical practitioner, and shall send such further statements at such intervals as the Company may reasonably require (which shall not be more than once weekly) to cover the full period of absence. On each occasion that a medical practitioner’s certificate expires and you do not anticipate returning to work, you must notify the Company and ▇▇▇▇ as soon as practicable.
c. If you are absent due to illness, injury, or other disability, you will be entitled to receive 10 days Occupational Sick Pay (OSP), provided the sickness notification and reporting procedure has been followed. The amount of OSP you are entitled to will be calculated at the beginning of each absence period. As part of the calculation, any OSP paid during the previous ‘rolling’ 12 months will be subtracted from the entitlement. For the purposes of the OSP scheme, ‘normal pay’ is the pay which would be earned during a period of normal working.
d. After your OSP entitlement is exhausted, then provided you have complied with all relevant requirements as set out in this Clause 14 and the Company’s sickness absence policy you will be entitled to receive statutory sick pay (“SSP”) provided that you satisfy the relevant requirements. For SSP purposes, your qualifying days shall be your normal working days, which shall be Monday to Friday.
e. If you are absent from work due to illness or injury caused by the fault of a third party from whom you recover compensation in respect of lost earnings, you will re...
SICKNESS OR INJURY. 11.1 If unable to perform the Duties due to sickness or injury the Executive shall report this fact as soon as possible on the first working day of incapacity to an executive member of the Board, and provide, so far as practicable, an expected date of return to work.
11.2 To be eligible for sick pay under sub-clause 11.3, the Executive must supply the Company with such certification of sickness or injury as the Company may require.
11.3 If the Executive shall be absent due to sickness or injury duly certified in accordance with the Company’s requirements the Executive shall be paid full basic salary for up to 26 weeks’ absence in any period of 12 consecutive months and after that, subject to sub-clause 11.4, such remuneration, if any, as the Board shall determine from time to time.
11.4 Any remuneration paid under sub-clause 11.3 shall be inclusive of any Statutory Sick Pay to which the Executive is entitled or other benefits recoverable by the Executive (whether or not recovered) which may be deducted from it.
11.5 Any outstanding or prospective entitlement to company sick pay in accordance with sub-clause 11.3, private medical insurance benefits or permanent health insurance benefits shall not prevent the Company from exercising its right to terminate the Employment in accordance with sub-clause 12.4 nor shall the Company be liable to compensate the Executive in respect of any such pay or benefit.
11.6 If the Executive’s sickness, injury or other incapacity is caused by the negligence or breach of statutory duty of a third party and the Executive shall recover any damages or other compensation from such third party for the Executive’s loss of earnings whilst incapacitated, the Executive shall repay to the Company the amount of any sick pay paid by the Company to the Executive under sub-clause 11.3 or, if less, the full amount of the damages or compensation received for loss of earnings by the Executive.
11.7 At any time during the Employment (but not normally more often than every second year), the Executive shall at the request and expense of the Company permit himself to be examined by a registered medical practitioner to be selected by the Company and shall authorised such medical practitioner to disclose to and discuss with the Company’s medical adviser the results of such examination and any matters which arise from it in order that the Company’s medical adviser can notify the Company of any matters which, in his opinion, might hinder or prevent the...
SICKNESS OR INJURY. 15.1 If unable to perform the Duties due to sickness or injury the Executive shall report this fact as soon as possible on the first working day of incapacity to the Chief Executive Officer and provide, so far as practicable, an expected date of return to work.
15.2 To be eligible for sick pay under clause 15.3, the Executive must supply the Company with such certification of sickness or injury as the Company may require and otherwise comply with the Company’s sickness absence rules and procedures.
15.3 If the Executive shall be absent due to sickness or injury duly certified in accordance with the Company’s requirements the Executive shall be paid full basic salary and other benefits provided for in this Agreement for up to 26 weeks’ absence and following upon that period of 26 weeks, 26 further weeks at the rate of one half of basic salary and other benefits provided for in this Agreement in any period of 12 consecutive months.
15.4 Any remuneration paid under sub-clause 15.3 shall be inclusive of any Statutory Sick Pay to which the Executive is entitled or other benefits recoverable by the Executive (whether or not recovered) that may be deducted from it.
15.5 The Executive accepts that with his consent (such consent not to be unreasonably withheld or delayed) at any time during the Employment, the Executive shall, at the request and expense of the Company:
15.5.1 consent to an examination by a doctor to be selected by the Company; and
15.5.2 authorise this doctor to disclose to and discuss with the Company’s medical adviser, or other nominated officer of the Company, the results of or any matter arising out of this examination.
SICKNESS OR INJURY. 16.1. The Executive agrees that at any time during the course of the Employment he shall at the request of the Company submit himself to a medical examination by a registered medical practitioner nominated by the Company. The purpose of such medical examination shall be to determine whether there are any matters which might impair the Executive's ability to perform his duties under this Agreement and accordingly the Executive shall give such authority as is required for the Company's nominated doctor to disclose to the Company the findings. All expenses associated with obtaining the report will be borne by the Company.
16.2. In the event that the Executive is unable to perform his duties under this Agreement by reason of sickness or injury for a period of seven (7) days or more, the Executive shall if required to do so by the Company provide the Company with a medical certificate in respect of the whole period of the absence. Immediately following his return from any period of absence the Executive shall complete a self-certification form detailing the reason for the absence.
16.3. During the Executive's first ten (10) weeks of absence he will receive ninety percent (90%) of his average weekly earnings calculated by taking the total of his earnings over the previous twelve months and dividing the same by fifty two (52). At the end of such ten (10) week period any further payment will only be made to the Executive at the discretion of the Board.
16.4. The Company shall have the right to deduct from the remuneration paid to the Executive any statutory sick pay or other social security benefits which he is entitled to claim in consequence of sickness or accident or payable to him under any scheme for the time being in force of which by virtue of his employment by the Company he is a non-contributory member.
16.5. In the event that the Executive is incapable of performing his duties by reason of injury sustained wholly or partially as a result of actionable negligence or breach of any statutory duty on the part of any third party all payments made to the Executive by the Company by way of remuneration shall to the extent that compensation is recoverable from that third party constitute loans by the Company to the Executive (notwithstanding that as an interim measure income tax has been deducted from payments as if they were emoluments of employment) and shall be repaid when and to the extent that the Executive recovers compensation for loss of earnings from th...
SICKNESS OR INJURY. 14.1. If the Employee is unable to work as a result of ill health, injury or other medical incapacity (an “Incapacity”), he/she shall notify the Reporting Head as soon as possible within 48 hours of his/her absence, and state the reason for the absence. On his/her return to work, the Employee will be required to provide a doctor’s certificate (if applicable). Further doctor’s certificates will be required if the Employee’s absence continues beyond the period stated on the initial certificate. The Employee’s entitlement to sick pay, set out in Clause 14.2, will be dependent upon his/her compliance with these requirements.
14.2. Subject to compliance with Clause 14.1, the Employee shall receive his/her Basic Salary, less normal deductions, for an aggregate absence of up to [14] working days or in the case of hospitalisation, up to 60 working days in any calendar year. In the event that the Employee becomes eligible to receive benefits under the Company’s medical and insurance schemes (pursuant to Clause 12.1) the Company shall not have any obligation to make any, or any further payments, (as applicable), to the Employee under this Clause 14.2. For the avoidance of doubt, the Employee shall be entitled to reimbursement from the Company (whether by way of the medical benefits set out under Clause 12 or otherwise) of his/her medical consultation fees where, after such consultation, the Employee is certified by the doctor to be entitled to paid sick leave.
14.3. Notwithstanding Clause 4, the Company reserves the right to require the Employee to undergo a medical examination at any time and at the Company’s expense by a doctor nominated by the Company. The Employee shall authorise the doctor to disclose the results of such examination to the Company.
14.4. If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee shall immediately notify the Company of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Company may reasonably require. The Employee shall, if required by the Company, refund to the Company that part of any damages or compensation recovered by him/her relating to the loss of earnings for the period of the Incapacity as the Company may reasonably determine less any costs borne by him/her in connection with the rec...
SICKNESS OR INJURY. The Executive shall be paid in full during any period of absence from work due to sickness or injury, not to exceed thirty (30) days in any twelve (12) month period, provided that the Executive must submit satisfactory evidence of the sickness or injury from a qualified medical practitioner with respect to any period of absence in excess of fourteen (14) days. The Executive’s Base Salary during any period of absence due to sickness or injury shall be inclusive of any sickness allowance or other amount to which the Executive is entitled to from the Company.
SICKNESS OR INJURY. Any employee shall be granted a sick leave not to exceed ninety (90) days upon written request supported by medical evi dence. Extensions of ninety (90) days at a time up to a total of one (1) calendar year shall be granted upon written request sup ported by medical evidence.
