Sickness. 12.1. If the Executive is absent because of sickness (including mental disorder) or injury he shall report this fact forthwith to his immediate Supervisor and if the Executive is so prevented for seven or more consecutive days he shall provide a medical practitioner's statement to the HR Director on the eighth day and weekly thereafter so that the whole period of absence is certified by such statements. Immediately following his return to work after a period of absence due to incapacity the Executive shall complete a Self-Certification form available from the HR Department detailing the reason for his absence. This should be forwarded to the Staff Pay Office at Ellesmere Port by the Executive on the first day of his return to work. 12.2. If the Executive shall be absent due to sickness (including mental disorder) or injury duly certified in accordance with the provisions of Clause 12.1 hereof, he shall be paid his full remuneration hereunder for up to one month's absence in any period of twelve consecutive months and thereafter such remuneration, if any, as the Managing Director shall determine from time to time provided that such remuneration shall:- 12.2.1. never be less than the proceeds received by the Company in respect of the Executive under the Company's permanent health insurance scheme (after paying pension contributions); and 12.2.2. be inclusive of any Statutory Sick Pay to which the Executive is entitled under the provisions of the Social Security Contributions and Benefits ▇▇▇ ▇▇▇▇ and any Social Security Sickness Benefit or other benefits recoverable by the Executive (whether or not recovered) may be deducted therefrom. 12.3. If the sickness or injury of the Executive shall be or appear to be occasioned by actionable negligence of a third party in respect of which damages are or may be recoverable, the Executive shall immediately notify the Company of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and shall give to the Company all particulars the Company may reasonably require and shall if required by the Company refund to the Company that part of any damages recovered relating to loss of earnings for the period of the incapacity as the Company may reasonably require, provided that the amount to be refunded shall not exceed the amount of damages or compensation recovered by him less any costs borne by the Executive in connection with the recovery of such damages and or compensation and shall not exceed the total remuneration paid to him by way of salary in respect of the period of absence.
Appears in 2 contracts
Sources: Executive Service Agreement (Octel Corp), Executive Service Agreement (Octel Corp)
Sickness. 12.1. If the Executive is absent because of sickness (including mental disorder) or injury he shall report this fact forthwith to his immediate Supervisor and if the Executive is so prevented for seven or more consecutive days he shall provide a medical practitioner's statement Without prejudice to the HR Director on the eighth day and weekly thereafter so that the whole terms of clause 15, Employer shall continue to pay Employee's salary during any period of absence is certified by such statements. Immediately following his return on medical grounds for up to work after a maximum period of absence due to incapacity the Executive shall complete a Self-Certification form available from the HR Department detailing the reason for his absence. This should be forwarded to the Staff Pay Office at Ellesmere Port by the Executive 13 weeks in any period of 12 consecutive months (such twelve month period beginning on the first day of his return to work.
12.2. If the Executive absence), provided that Employee shall be absent due to sickness (including mental disorder) or injury duly certified in accordance with the provisions of Clause 12.1 hereof, he shall be paid his full remuneration hereunder for up to one month's absence in any period of twelve consecutive months and thereafter such remuneration, if any, as the Managing Director shall determine from time to time provided that such remuneration shall:-
12.2.1if required: o inform Employer without delay of any injury or incapacity; o supply Employer with medical certificates covering any period of sickness or incapacity exceeding seven consecutive days (including weekends); and o undergo at Employer's expense a medical examination by a doctor appointed by Employer. never Payment of Employee's salary pursuant to this clause 12 shall be made less than the proceeds received by the Company in respect any amount of the Executive Statutory Sick Pay or other benefits to which Employee may be entitled hereunder or under the Company's any relevant legislation. Once entitlement to salary under this clause 12 lapses, Employee shall have no right to any benefit or emolument from Employer except to any permanent health insurance scheme (after paying pension contributions); and
12.2.2. be inclusive of any Statutory Sick Pay to benefit which the Executive is entitled under the provisions of the Social Security Contributions and Benefits ▇▇▇ ▇▇▇▇ and any Social Security Sickness Benefit or other benefits recoverable by the Executive (whether or not recovered) may be deducted therefrom.
12.3payable in accordance with clause 10. If the sickness or injury of the Executive Employee's absence shall be or appear to be occasioned by the actionable negligence of a third party in respect of which damages are or may be recoverable, then all sums paid by Employer during the Executive period of absence in terms of this clause 12 shall immediately constitute loans to Employee, who shall: o forthwith notify Employer of all the Company of that fact relevant circumstances and of any claim, compromise, settlement or judgment judgement made or awarded in connection with it and shall give to the Company all particulars the Company may reasonably require and shall therewith; o if required by the Company Employer so requires, refund to Employer such sum as Employer may determine, not exceeding the Company that part of any damages recovered relating to loss of earnings for the period of the incapacity as the Company may reasonably require, provided that the amount to be refunded shall not exceed lesser of:
(i) the amount of damages or compensation recovered by him less in respect of loss of earnings during the period of absence under any costs borne by compromise, settlement or judgement; and
(ii) the Executive in connection with the recovery of such damages and or compensation and shall not exceed the total remuneration paid sums advanced to him by way of salary Employer in respect of the period of absenceincapacity.
Appears in 1 contract
Sources: Employment Agreement (Viragen Inc)
Sickness. 12.1. 10.1 If the Executive is absent because from work due to illness, accident or other such incapacity, he must notify the Company on the first day of sickness (including mental disorder) absence. The Executive must keep the Company regularly informed of his absence and the likely duration. If the absence lasts 7 calendar days or injury he shall report this fact forthwith to his immediate Supervisor and if less, the Executive is so prevented for seven or more consecutive days he shall provide must complete a medical practitioner's statement to the HR Director self-certification form on the eighth day and weekly thereafter so that the whole period of absence is certified by such statements. Immediately following his return to work after a period of absence due to incapacity work. For absences lasting more than 7 calendar days, the Executive shall complete must produce a Self-Certification form available medical certificate from the HR Department detailing his doctor stating the reason for his absence. This should be forwarded Further medical certificates are required for each further week of sickness absence. Failure to notify the Company of his absence may render the Executive subject to disciplinary action and may also bar him from receiving sick pay.
10.2 Subject to the Staff Pay Office at Ellesmere Port by Company’s right to terminate the Executive on employment under clauses 3 and 16 of this Agreement and the first day Executive’s compliance with this clause 10, any payment of his return to work.
12.2. If the Executive salary (which shall be absent due to sickness (including mental disorder) or injury duly certified in accordance with the provisions of Clause 12.1 hereof, he shall be paid his full remuneration hereunder for up to one month's absence in any period of twelve consecutive months and thereafter such remuneration, if any, as the Managing Director shall determine from time to time provided that such remuneration shall:-
12.2.1. never be less than the proceeds received by the Company in respect of the Executive under the Company's permanent health insurance scheme (after paying pension contributions); and
12.2.2. be inclusive of any Statutory Sick Pay (SSP)) and provision of contractual benefits during his absence shall be at the sole discretion of the Company.
10.3 Any payments to which the Executive is entitled under any social security scheme (whether or not claimed by the Executive) may be deducted from any sick pay paid to the Executive by the Company.
10.4 At all times the Company reserves the right to withhold, discontinue or request repayment of any sick pay other than statutory sick pay if:
10.4.1 the Executive fails to comply with the Company’s absence procedure;
10.4.2 the Company is satisfied that there has been an abuse of the sick pay arrangements or misrepresentation of the Executive’s health; or
10.4.3 the Executive behaves in a way likely to delay, hinder or impede recovery; or
10.4.4 if his sickness absence commences following the instigation by the Company of any disciplinary proceedings in respect of the Executive’s employment.
10.5 The Company may on such terms and conditions as it shall determine appoint a replacement to undertake some or all of the Executive’s duties if the Executive is absent from work by reason of illness, accident or other incapacity in excess of 20 consecutive working days. Such replacement shall only remain in place during the course of the Executive’s sickness absence and/or during any phased return to work.
10.6 If the Executive shall be prevented from performing his duties as a result of illness, accident or incapacity for any period in excess of 6 consecutive months or an aggregate of 120 working days (whether consecutive or not) in any period of 12 consecutive months, the Company may, notwithstanding any other provision of this Agreement, terminate the Executive’s employment by giving the statutory minimum period of notice and the Executive shall not be entitled to any additional compensation. The Company’s right to terminate pursuant to this clause 10.6 shall apply even when such termination would or might cause the Executive to forfeit any entitlement to sick pay or other benefits.
10.7 The Executive may be required at the request of the Company during the course of his employment to attend a doctor or clinic nominated by the Company for the purpose of a comprehensive medical examination to determine his fitness for continued employment and shall use his reasonable endeavours to ensure the prompt delivery of the relevant report to the Company. Notwithstanding the provisions of the Social Security Contributions and Benefits Access to Medical Reports ▇▇▇ ▇▇▇▇ ▇, the Executive will permit the Company access to any medical report relating to his physical or mental health and any Social Security Sickness Benefit which is relevant to his ability to perform his duties from a medical or other benefits recoverable by the Executive (practitioner whether or not recovered) may be deducted therefromsuch practitioner is or has been responsible for his clinical care or treatment.
12.3. 10.8 If the sickness Executive is incapable of performing his duties by reason of injuries sustained wholly or injury partly as a result of actionable negligence, nuisance or breach of any statutory duty or any criminal conduct on the part of any third party the Executive shall be or appear to be occasioned by actionable negligence of a third party in respect of which damages are or may be recoverable, the Executive shall immediately notify the Company of that fact as soon as reasonably practicable and all payments made to the Executive by the Company under this clause in respect of any claimconsequent absence shall, compromise, settlement or judgment made or awarded in connection with it to the extent that compensation is recoverable either from the third party and/or any other body constitute loans by the Company to the Executive and shall give be repaid to the Company all particulars in accordance with the provisions of this clause to the extent that the Executive recovers compensation for loss of earnings. Where the Executive recovers any compensation for loss of earnings as referred to in this clause, he shall notify the Company may reasonably require in writing forthwith and shall if required by repay the Company refund amount due to the Company that part under this clause within 28 days of any damages recovered relating to loss of earnings for the period of the incapacity as the Company may reasonably require, provided that the amount to be refunded shall not exceed the amount of damages or compensation recovered by him less any costs borne by the Executive in connection with the recovery receipt of such damages and or compensation and shall not exceed the total remuneration paid to him by way of salary in respect of the period of absencecompensation.
Appears in 1 contract
Sources: Service Agreement (RPX Corp)
Sickness. 12.1. If BENEFIT
8.1 In the Executive is absent because of sickness (including mental disorder) event that you are prevented by illness, accident or other injury he shall report from properly performing your duties, subject to your compliance with this fact forthwith to his immediate Supervisor clause 8 and if the Executive is so prevented for seven or more consecutive days he shall provide a medical practitioner's statement to the HR Director on the eighth day and weekly thereafter so that the whole period of absence is certified by such statements. Immediately following his return to work after a period of absence due to incapacity the Executive shall complete a Self-Certification form available from the HR Department detailing the reason for his absence. This should be forwarded to the Staff Pay Office at Ellesmere Port by the Executive on the first day of his return to work.
12.2. If the Executive Company’s approval, you shall be absent due entitled to receive sickness (including mental disorder) or injury duly certified benefits in accordance with the provisions of Clause 12.1 hereof, he shall Company's Sickness & Absence Policy. This policy may be paid his full remuneration hereunder for up to one month's absence in any period of twelve consecutive months and thereafter such remuneration, if any, as the Managing Director shall determine amended from time to time provided that such remuneration shall:-
12.2.1. never be less than the proceeds received by the Company in respect of the Executive under at the Company's permanent health insurance scheme (after paying pension contributions); and
12.2.2’s discretion. be inclusive of Any payments made under this clause will include any Statutory Sick Pay to which the Executive payable and when it is entitled under the provisions of the Social Security Contributions and Benefits ▇▇▇ ▇▇▇▇ and any exhausted will be reduced by Social Security Sickness Benefit or other benefits recoverable by the Executive you (whether or not recovered) may be deducted therefrom). For the avoidance of doubt your right to receive Company sickness payments will not prejudice or in any way limit the Company’s right to terminate your employment pursuant to this Agreement.
12.3. If 8.2 You will notify the sickness Company as soon as possible and at least by 10.00 am on the first day of your absence the fact of your absence and the reason and on each day LUXFER HOLDINGS PLC ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇ May 17, 2017
8.3 Whether or not you are absent by reason of sickness, injury or other incapacity you will, at the request of the Executive shall be Company agree to have a medical examination by a doctor appointed and paid for by the Company and you authorise the Company to have unconditional access to any report or appear reports (including copies) produced as a result of any examination from time to be occasioned time by actionable negligence the Company.
8.4 If you are incapable of performing your duties by reason of circumstances where you have a claim for compensation against a third party in respect and you recover compensation for loss of which damages are earnings whether from a third party or may be recoverableotherwise, the Executive you shall immediately notify the Company of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and shall give repay a sum equal to the Company all particulars the Company may reasonably require and shall amount recovered, or if required less, any amounts paid to you by the Company refund to during your absence.
8.5 The rights of the Company that part to terminate your employment under the terms of this Agreement apply even when such termination would or might cause you to forfeit any damages recovered relating entitlement to loss of earnings for the period of the incapacity as the Company may reasonably requiresick pay, provided that the amount to be refunded shall not exceed the amount of damages permanent health insurance or compensation recovered by him less any costs borne by the Executive in connection with the recovery of such damages and or compensation and shall not exceed the total remuneration paid to him by way of salary in respect of the period of absenceother benefits.
Appears in 1 contract
Sickness. 12.111.1 If you are absent from the office because of illness, injury or other circumstances, you shall notify the Company of the reason for your absence no later than 10.00am on the first day of such absence, giving a full explanation of the reasons for your absence. If for any reason you are unable to make personal contact with the Executive is Company, you should ensure that somebody contacts the Company on your behalf.
11.2 If you return to work following such a period of absence of seven days or less, you must complete a self-certification form before midday on the first day back at work which will be retained in the Company’s records. If you are absent because of sickness (including mental disorder) or injury he shall report this fact forthwith to his immediate Supervisor and if the Executive is so prevented for more than seven or more consecutive days he days, you shall provide a medical practitioner's statement to the HR Director ’s certificate on the eighth day and weekly thereafter so that the your whole period of absence is certified by such statements. Immediately following his return to work after a period of absence due to incapacity the Executive shall complete a Self-Certification form available from the HR Department detailing the reason for his absence. This should be forwarded to the Staff Pay Office at Ellesmere Port by the Executive on the first day of his return to workcertificates.
12.2. If 11.3 Upon completion of six months continuous Employment with the Executive shall be Company if you are absent due to sickness (including mental disorder) or injury duly certified in accordance with the provisions of Clause 12.1 hereof, he this clause 11 at the discretion of the Company you shall be entitled to be paid his your full remuneration hereunder salary for up to one month's two months absence and thereafter half of your full salary for a further two months in any period of twelve consecutive months and thereafter sick pay year which runs from 1st January to 31st December. Any further entitlement shall be to statutory sick pay only. Any remuneration paid during such remuneration, if any, as the Managing Director absence shall determine from time to time provided that such remuneration shall:-
12.2.1. never be less than the proceeds received by the Company in respect of the Executive under the Company's permanent health insurance scheme (after paying pension contributions); and
12.2.2. be inclusive of any Statutory Sick Pay statutory sick pay to which the Executive is you are entitled under the provisions of the Social Security Contributions and Benefits ▇▇▇ ▇▇▇▇ and any Social Security Sickness Benefit social security sickness benefit or other benefits recoverable by the Executive you (whether or not recovered) may be deducted therefromthere from.
12.3. If 11.4 You agree that you will at the sickness or injury expense of the Executive Company and if directed to do so at any time undergo a medical examination by a medical practitioner nominated by the Company and that the Company shall be or appear entitled to be occasioned by actionable negligence supplied with and retain a copy of a third party any medical report, diagnosis or prognosis made or produced in respect relation to any such medical examination and to discuss the same with the practitioner who produced such report, diagnosis or prognosis.
11.5 The Company reserves the right to cease payment of which damages are any Salary or may be recoverable, the Executive shall immediately statutory sick pay during any period of sickness absence where you fail to notify the Company of that fact and your absence on the first day of such absence or if you fail to comply with any of the certification provisions above.
11.6 If you are absent from work by reason of injury sustained wholly or partly as a result of actionable negligence, nuisance or breach of any claimstatutory duty on the part of any third party other than any Associated Company of the Company, compromise, settlement or judgment made or awarded in connection with it and shall give to the Company in its discretion may require you to take all particulars the Company may reasonably require and shall if required reasonable steps to recover compensation including repayment of all sums paid to you by the Company refund under this clause in respect of such absence. Any such sum shall be repaid by you when and to the Company extent that part of any damages recovered relating to you recover compensation for loss of earnings from that third party by action or otherwise less any reasonable costs incurred in recovering any such compensation.
11.7 The Company reserves the right to terminate your employment without notice or payment in lieu of notice if you are absent from work due to sickness or injury for the a period of the incapacity as the Company may reasonably require, provided that the amount to be refunded shall not exceed the amount of damages 26 consecutive weeks or compensation recovered by him less 150 days in any costs borne by the Executive in connection with the recovery of such damages and or compensation and shall not exceed the total remuneration paid to him by way of salary in respect of the period of absencesick pay year.
Appears in 1 contract
Sickness. 12.111.1 If you are absent from the office because of illness, injury or other circumstances, you shall notify the Company of the reason for your absence no later than 10.00am on the first day of such absence, giving a full explanation of the reasons for your absence. If for any reason you are unable to make personal contact with the Executive is Company, you should ensure that somebody contacts the Company on your behalf.
11.2 If you return to work following such a period of absence of seven days or less, you must complete a self-certification form before midday on the first day back at work which will be retained in the Company’s records. If you are absent because of sickness (including mental disorder) or injury he shall report this fact forthwith to his immediate Supervisor and if the Executive is so prevented for more than seven or more consecutive days he days, you shall provide a medical practitioner's statement to the HR Director ’s certificate on the eighth day and weekly thereafter so that the your whole period of absence is certified by such statements. Immediately following his return to work after a period of absence due to incapacity the Executive shall complete a Self-Certification form available from the HR Department detailing the reason for his absence. This should be forwarded to the Staff Pay Office at Ellesmere Port by the Executive on the first day of his return to workcertificates.
12.2. If 11.3 Upon completion of six months continuous Employment with the Executive shall be Company if you are absent due to sickness (including mental disorder) or injury duly certified in accordance with the provisions of Clause 12.1 hereof, he this clause 11 at the discretion of the Company you shall be entitled to be paid his your full remuneration hereunder salary for up to one month's two months absence and thereafter half of your full salary for a further two months in any period of twelve consecutive months and thereafter sick pay year which runs from 1st January to 31st December. Any further entitlement shall be to statutory sick pay only. Any remuneration paid during such remuneration, if any, as the Managing Director absence shall determine from time to time provided that such remuneration shall:-
12.2.1. never be less than the proceeds received by the Company in respect of the Executive under the Company's permanent health insurance scheme (after paying pension contributions); and
12.2.2. be inclusive of any Statutory Sick Pay statutory sick pay to which the Executive is you are entitled under the provisions of the Social Security Contributions and Benefits ▇▇▇ ▇▇▇▇ and any Social Security Sickness Benefit social security sickness benefit or other benefits recoverable by the Executive you (whether or not recovered) may be deducted therefromthere from.
12.3. If 11.4 You agree that you will at the sickness or injury expense of the Executive Company and if directed to do so at any time undergo a medical examination by a medical practitioner nominated by the Company and that the Company shall be or appear entitled to be occasioned by actionable negligence supplied with and retain a copy of a third party any medical report, diagnosis or prognosis made or produced in respect relation to any such medical examination and to discuss the same with the practitioner who produced such report, diagnosis or prognosis.
11.5 The Company reserves the right to cease payment of which damages are any Salary or may be recoverable, the Executive shall immediately statutory sick pay during any period of sickness absence where you fail to notify the Company of that fact and your absence on the first day of such absence or if you fail to comply with any of the certification provisions above.
11.6 If you are absent from work by reason of injury sustained wholly or partly as a result of actionable negligence, nuisance or breach of any claimstatutory duty on the part of any third party other than any Associated Company of the Company, compromise, settlement or judgment made or awarded in connection with it and shall give to the Company in its discretion may require you to take all particulars the Company may reasonably require and shall if required reasonable steps to recover compensation including repayment of all sums paid to you by the Company refund under this clause in respect of such absence. Any such sum shall be repaid by you when and to the Company extent that part of any damages recovered relating to you recover compensation for loss of earnings from that third party by action or otherwise less any reasonable costs incurred in recovering any such compensation.
11.7 The Company reserves the right to terminate your employment without notice or payment in lieu of notice if you are absent from work due to sickness or injury for the a period of the incapacity as the Company may reasonably require, 26 consecutive weeks or 150 days in any sick pay year provided that the amount doing so would not prejudice any entitlement you may have to be refunded shall not exceed the amount of damages or compensation recovered by him less any costs borne benefit under a permanent disability scheme operated by the Executive in connection with the recovery of such damages and or compensation and shall not exceed the total remuneration paid to him by way of salary in respect of the period of absenceCompany.
Appears in 1 contract
Sickness. 12.1. If 8.1 Subject to the Executive’s compliance with the Company’s sickness absence procedures (as amended from time to time) and clause 8.2 the Executive is absent because of sickness shall continue to receive the Executive’s full fees and contractual benefits (including mental disorderother than any bonus or performance-related benefits) or injury he shall report this fact forthwith to his immediate Supervisor and if the Executive is so prevented for seven or more consecutive days he shall provide a medical practitioner's statement to the HR Director on the eighth day and weekly thereafter so that the whole period of absence is certified by such statements. Immediately following his return to work after a (“Company Sick Pay”) during any period of absence due to incapacity any sickness or injury which prevents the Executive shall complete a Self-Certification form available from carrying out the HR Department detailing the reason Executive’s duties for his absence. This should be forwarded up to the Staff Pay Office at Ellesmere Port by the Executive on the first day an aggregate of his return to work.
12.2two weeks in any 52 week period. If the Executive shall be absent due to sickness (including mental disorder) or injury duly certified in accordance with the provisions of Clause 12.1 hereof, he shall be paid his full remuneration hereunder has been on long term sick leave continuously for up to one month's absence in any period of twelve consecutive months and thereafter such remuneration, if any, as the Managing Director shall determine from time to time provided that such remuneration shall:-
12.2.1. never be less more than the proceeds received by the Company in respect of 52 weeks the Executive under will not qualify for Company Sick Pay again until the Company's permanent health insurance scheme (after paying pension contributions); and
12.2.2Executive has returned to work for a total of four weeks. Such payment shall be inclusive of any Statutory statutory sick pay due in accordance with applicable legislation in force at the time of absence. The Company may, at its sole discretion, offer to pay additional Company Sick Pay.
8.2 The Company reserves the right not to pay Company Sick Pay to the Executive in circumstances where:
(a) a medical practitioner has certified that the Executive “may be fit to work”, and the Company agrees to make any adjustments necessary, but the Executive does not return to work; or
(b) a hearing is pending which relates to any aspect of the Executive’s conduct or performance and which could result in the imposition of a warning, dismissal or other sanction.
8.3 The Executive agrees to consent to medical examinations (at the Company’s expense) by a medical practitioner nominated by the Company at any time during the term of the contract should the Company so require.
8.4 If, in the opinion of the Company, the Executive is entitled under the provisions of the Social Security Contributions and Benefits ▇▇▇ ▇▇▇▇ and any Social Security Sickness Benefit or other benefits recoverable by the Executive (whether has been or not recovered) may be deducted therefrom.
12.3. If unable to perform the Executive’s duties properly by reason of sickness or injury for a period or periods exceeding an aggregate of three months in any 12 month period the Company shall be entitled to terminate the contract by giving the Executive shall be or appear to be occasioned their contractual notice.
8.5 If the Executive’s absence is caused by the actionable negligence of a third party in respect of which damages are or may be recoverable, then all sums paid by the Executive Company shall immediately constitute loans to the Executive, who shall:
(a) forthwith notify the Company of that fact all the relevant circumstances and of any claim, compromise, settlement or judgment made or awarded in connection with it and shall give to as a result of such negligence; S▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Contract for Services 7
(b) if the Company all particulars the Company may reasonably require and shall if required by the Company so requires, refund to the Company that part such sums of any damages recovered relating to loss of earnings for the period of the incapacity Company Sick Pay and Statutory Sick Pay as the Company may reasonably requiredetermine, provided that not exceeding the amount to be refunded shall not exceed lesser of:
(i) the amount of damages or compensation recovered by him less any costs borne by the Executive in connection with under any compromise, settlement or judgment; and
(ii) the recovery of such damages and or compensation and shall not exceed sums advanced to the total remuneration paid to him Executive by way of salary the Company in respect of the period of absenceincapacity.
Appears in 1 contract
Sources: Contract for Services Agreement (RedCloud Holdings PLC)
Sickness. 12.1. If 10.1 In the event of the Executive is being absent because of sickness (including mental disorder) or injury he shall report this fact forthwith to his immediate Supervisor and if the Executive is so prevented for seven or more consecutive days he shall provide a medical practitioner's statement to the HR Director on the eighth day and weekly thereafter so that the whole period of absence is certified by such statements. Immediately following his return to from work after a period of absence due to incapacity the Executive shall complete a Self-Certification form available from the HR Department detailing the reason for his absence. This should be forwarded to the Staff Pay Office at Ellesmere Port by the Executive on the first day of his return to work.
12.2. If the Executive shall be absent due to sickness (including mental disorder) or injury duly certified in accordance with the provisions of Clause 12.1 hereofinjury, he shall be paid his full remuneration hereunder for up to one month's absence in any period of twelve consecutive months and thereafter such remuneration, if any, as the Managing Director shall determine from time to time provided that such remuneration shall:-
12.2.1. never be less than the proceeds received by the Company in respect of will continue to pay the Executive under the Company's permanent health insurance scheme Executive’s normal basic salary (after paying pension contributions); and
12.2.2. be inclusive of any Statutory Sick Pay (“SSP”) to which the Executive he may be entitled) for 28 weeks in any period of 12 months. The entitlement to sick pay is entitled under subject to compliance with the provisions of this Clause 10. “Sick pay” will be based on the Social Security Contributions and Benefits ▇▇▇ ▇▇▇▇ and Executive’s basic salary less any Social Security Sickness Benefit or other state benefits recoverable claimable by the Executive (whether on account of sickness or not recovered) may be deducted therefrominjury, less normal deductions for tax etc.
12.3. If the sickness or injury 10.2 Irrespective of Clause 10.1 above, the Executive shall be or appear to be occasioned by actionable negligence will receive SSP when he qualifies for it. Where Company sick pay (under Clause 10.1) and SSP are payable for the same day of a third party in respect of which damages are or may be recoverablesickness, the Executive shall immediately receive the higher of the two sums.
10.3 During absence for sickness or other medical incapacity the Executive will continue to be covered by the benefits and schemes referred to in Clauses 7 and 8 if he has opted to participate in such schemes and subject to the rules of those schemes. After a continuous period of 28 weeks’ sickness absence, the Executive may be eligible to receive long term disability benefits. If, for any reason, the Executive is not eligible to receive such benefits, the payment of the Company’s pension contributions, participation in any bonus or incentive scheme, and accrual of holiday entitlement will cease on the expiry of the relevant period of Company sick pay entitlement referred to in Clause 10.1 above.
10.4 In all cases of absence, the Executive must notify the Company on the first morning of that fact the reason for any absence and of any claimits anticipated duration. If the Executive is sick for more than seven consecutive days, compromise, settlement or judgment made or awarded in connection with it and shall give then a medical certificate must be produced to the Company all particulars Company. Thereafter medical certificates should be submitted regularly to cover the Company may reasonably require and shall if required by the Company refund to the Company that part of any damages recovered relating to loss of earnings for the period of the incapacity as the Company may reasonably require, provided that the amount to be refunded shall not exceed the amount of damages or compensation recovered by him less any costs borne by the Executive in connection with the recovery of such damages and or compensation and shall not exceed the total remuneration paid to him by way of salary in respect of the full period of absence. On each occasion a medical certificate expires and it is anticipated that the Executive will not be returning to work, the Executive should notify the Company on the first morning following the expiry of the medical certificate.
10.5 The Executive is also required to complete the Company’s Absence Notification Form for all absences (regardless of duration) and submit it to the Personnel Department.
10.6 The Company reserves the right to require the Executive to undergo a medical examination by a doctor or consultant nominated by it. The Company will bear all reasonable costs incurred in attending such an examination.
10.7 Any entitlement to Company Sick Pay and/or SSP is subject to the Company’s right to terminate the Executive’s employment in accordance with Clause 15 below.
Appears in 1 contract
Sickness. 12.1. 11.1 If the Executive is absent because of sickness (including mental disorder) or injury he shall report this fact forthwith to his immediate Supervisor the Human Resources Department and if the Executive is so prevented for seven or more consecutive days he shall provide a medical practitioner's statement to the HR Director on the eighth day and weekly thereafter so that the whole period of absence is certified by such statements. Immediately following his return to work after a period of absence due to incapacity the Executive shall complete a Self-Certification form available from the HR Human Resources Department detailing the reason for his absence. This should be forwarded to the Staff Pay Office at Ellesmere Port by the Executive on the first day of his return to work.
12.2. 11.2 If the Executive shall be absent due to sickness (including mental disorder) or injury injury, duly certified in accordance with the provisions of Clause 12.1 sub-clause 11.1 hereof, he shall be paid entitled to receive his full remuneration hereunder basic salary for up to one month's a period of 25 days absence in aggregate in any period of twelve 12 consecutive months or, in circumstances where the Executive is prevented from attending work due to sickness for a continuous period in excess of six months, to receive his full basic salary for a period of six months and thereafter such remuneration, if any, as the Managing Director Board shall determine from time to time determine provided that such remuneration shall:-
12.2.1. never be less than the proceeds received by the Company in respect of the Executive under the Company's permanent health insurance scheme (after paying pension contributions); and
12.2.2. shall be inclusive of any Statutory Sick Pay statutory sick pay to which the Executive is entitled under the provisions of the Social Security Contributions and Benefits BENEFITS ACT ▇▇▇▇ ▇▇▇▇ and any Social Security Sickness Benefit or other benefits recoverable by the Executive (whether or not recovered) may be deducted therefrom.
12.3. If At any time during the sickness or injury period of his appointment, (but not normally more often than once every second year) the Executive shall be or appear at the request and expense of the Company permit himself to be occasioned examined by actionable negligence a registered medical practitioner to be selected by the Company and shall authorise such medical practitioner to disclose to and discuss with the Company's medical adviser the results of a third party such examination and any matters which arise from it in respect of which damages are or may be recoverable, order that the Executive shall immediately Company's medical adviser can notify the Company of that fact and of any claimmatters which, compromisein his opinion, settlement might hinder or judgment made or awarded in connection with it and shall give to prevent the Company all particulars the Company may reasonably require and shall Executive (if required by the Company refund to the Company that part of any damages recovered relating to loss of earnings for the during a period of the incapacity as the Company may reasonably require, provided that the amount incapacity) from returning to be refunded shall not exceed the amount work for any period or (in other circumstances) from properly performing any duties of damages or compensation recovered by him less his appointment at any costs borne by the Executive in connection with the recovery of such damages and or compensation and shall not exceed the total remuneration paid to him by way of salary in respect of the period of absencetime.
Appears in 1 contract
Sources: Service Agreement (Cronos Group)
Sickness. 12.1. 14.1.1 If the Executive is absent because due to illness or injury then he shall inform the Company as soon as possible on the first working day of sickness.
14.1.2 Immediately following the Executive’s return to work after such absence of 7 calendar days or less, the Executive shall be required on request by the Company, the complete a self-certification form which shall be provided by the Company stating the date of, and the reason for, the Executive’s absence, including details of sickness (including mental disorder) or injury he shall report on non-working days, as this fact forthwith to his immediate Supervisor and if information is required by the Company for calculating statutory sick pay entitlement. Self-certification forms will be retained in the Company’s records.
14.1.3 Where such absence is for more than 7 calendar days the Executive is so prevented for seven or more consecutive days he shall provide a medical practitioner's statement to ’s certificate by the HR Director on the eighth 8th day and weekly thereafter shall continue to provide such certificates so that the whole period of absence is certified by such statements. Immediately following his return covered.
14.1.4 For the avoidance of doubt the term illness, whenever used in this Agreement, includes illness due to work after a period mental or psychiatric disorder.
14.2 Without prejudice to Clause 15 (Termination of Employment) the Executive shall continue to receive the normal remuneration payable to him under this Agreement in respect of the first 26 weeks of absence due to incapacity the Executive shall complete a Self-Certification form available from the HR Department detailing the reason for his absence. This should be forwarded to the Staff Pay Office at Ellesmere Port by the Executive on the first day of his return to work.
12.2. If the Executive shall be absent due to sickness (including mental disorder) illness or injury duly certified in accordance with the provisions of Clause 12.1 hereof, he shall be paid his full remuneration hereunder for up to one month's absence in any period of twelve consecutive months each year and thereafter such remuneration, if any, as the Managing Director Board shall determine from time to time provided that all such remuneration shall:-
12.2.1. never be less than the proceeds received by the Company in respect of the Executive payable under the Company's permanent health insurance scheme (after paying pension contributions); and
12.2.2. this clause shall be inclusive of any Statutory Sick Pay statutory sick pay to which the Executive is entitled under the provisions of the Social Security Contributions and Benefits ▇▇▇ ▇▇▇▇ and any Social Security Sickness Benefit social security sickness benefit or other benefits recoverable by the Executive (whether or not recovered) may be deducted therefromthere from.
12.3. If 14.3 For statutory sick pay purposes the sickness or injury Executive’s qualifying days shall be his normal working days.
14.4 The Executive may at the Company’s expense be required during the course of the Executive shall be Employment to attend a medical practitioner or appear to be occasioned clinic nominated by actionable negligence the Company for the purpose of a comprehensive medical examination to determine his fitness for continued Employment and he shall undergo any tests and examinations reasonably required by the said medical practitioner or clinic and shall co-operate in ensuring the prompt delivery of any resulting report to the Company.
14.5 In the event that the Executive is incapable of performing his duties by reason of injuries sustained wholly or partly as a result of actionable negligence, nuisance or breach of any statutory duty on the part of any third party party, all payments made to the Executive by the Company under this clause in respect of which damages are or may be recoverablehis consequent absence shall, to the extent that compensation is recovered from that third party, constitute loans by the Company to the Executive shall immediately notify the Company (notwithstanding that as an interim measure income tax has been deducted from payments as if they were emoluments of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it Employment) and shall give be repaid to the Company all particulars the Company may reasonably require when and shall if required by the Company refund to the Company extent that part of any damages recovered relating to the Executive recovers compensation for loss of earnings for the period of the incapacity as the Company may reasonably require, provided from that the amount to be refunded shall not exceed the amount of damages third party by action or compensation recovered by him less any costs borne by the Executive in connection with the recovery of such damages and or compensation and shall not exceed the total remuneration paid to him by way of salary in respect of the period of absenceotherwise.
Appears in 1 contract
Sources: Uk Senior Executive’s Service Agreement (Symmetry Medical Inc.)