Common use of SICKNESS OR INJURY Clause in Contracts

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 any such cause the Employee may be unable properly to perform his/her duties for a period or periods of 12 weeks or more (over any consecutive 52 week period including past periods of incapacity), the Company shall be entitled at any time to give to the Employee not less than three months’ notice of termination of the Employment with the Company, less the aggregate of any periods during which the Employee has been paid salary under clause 10.3 during the 52 week prior to the giving of such notice provided that the period of notice will not be less than the statutory minimum period of notice and notwithstanding that the Employee is or may be entitled to benefit under the terms of the income protection scheme offered by the Company.

Appears in 2 contracts

Samples: Employment Contract (Hoegh LNG Partners LP), Employment Contract (Hoegh LNG Partners LP)

AutoNDA by SimpleDocs

SICKNESS OR INJURY. 10.1 Absence (a) If the Executive is absent from work due to sickness or injury sickness, subject to his compliance with the requirements of this clause, he will be entitled to be paid his salary for a up to 90 days’ absence in any period of 5 days or less must 12 consecutive months inclusive of any entitlement to statutory sick pay. Without prejudice to any rights the Executive may have to payment under any permanent health insurance scheme, any further payments will be notified statutory sick pay only. (b) If the Executive is prevented by sickness from performing his duties properly, he shall report this fact promptly to the Employee’s line manager as soon as practicable and in any event prior to 10am CEO on the first working day of absence sickness 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 possible. If 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 continues for more than 5 days, medical evidence must continuous working days a “fit-note” from the Executive’s doctor should be produced in submitted explaining the form nature 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 sickness or injury, subject . During all periods of absence due to clause 10.4, sickness or injury the Employee will be entitled Executive should keep the Employer informed as 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 his likely date of return to work. 10.5 Any payment return. A Form SC2 (Self Certification of Sickness) is required in addition to that payable by the Company under clause 10.3 shall be at the discretion all cases of the Company. 10.6 SSP will be paid by the Company in accordance with the legislation in force at the time of absenceuncertified sickness. 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 employmentEmployment, the Company Employer may require the Employee Executive to be medically examined undergo a medical examination at the Company’s expense its expense, undertaken by a medical practitioner nominated selected by the Company Employer. The Executive shall undergo any requisite tests and fully co-operate with that medical practitioner and shall authorise him to disclose to and discuss with the Employee agrees to provide such formal consents as are required to ensure that a report Employer’s medical adviser the results of that the examination may be provided to the Company. 10.8 Ifand other matters which, in his opinion, might hinder or prevent the opinion of the Board, the Employee is or has been unable Executive from returning to perform his/her duties properly by reason of illness or injury work 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 (in other circumstances) from properly performing the Board Executive’s duties at any time has reason to believe that because of any such cause time. (c) If the Employee may be unable properly to perform his/her duties for a period or periods of 12 weeks or more (over any Executive’s absence exceeds 30 consecutive 52 week period including past periods of incapacity)working days, the Company shall Employer will be entitled at any time its discretion to give appoint a temporary replacement to cover the Employee not less than three months’ notice of termination of the Employment with the Company, less the aggregate of any periods during which the Employee has been paid salary under clause 10.3 during the 52 week prior to the giving of such notice provided that the Executive’s period of notice will not be less absence. (d) If the Executive is absent for more than 12 weeks in any 12 month period due to sickness or injury then the statutory minimum period of notice and notwithstanding that the Employee Employer is or may be entitled to benefit under terminate the terms of the income protection scheme offered by the Companyemployment subject to notice.

Appears in 2 contracts

Samples: Contract of Employment (Astex Pharmaceuticals, Inc), Contract of Employment (Astex Pharmaceuticals, Inc)

SICKNESS OR INJURY. 10.1 Absence If the Employee is absent from work due to sickness or injury sickness, he will be entitled to payment of his salary and benefits at the full rate for a period of 5 days or less must be notified to the Employee’s line manager as soon as practicable and 6 months in any event prior period of 12 months after which time he may be entitled to 10am statutory sick pay. Any other payment will be at the discretion of the Employer. 10.2 If the Employee is prevented by sickness from performing his duties properly, he shall report this fact promptly to his Line Manager, or another manager if the Line Manager is not available, before 10.00 a.m. on the first working day of absence sickness 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 Managerpossible. 10.3 If the Employee is absent on account absence continues for more than 5 continuous working days a “fit-note” from the Employee's doctor should be submitted explaining the nature of illness the sickness 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 During all periods of absence due to qualify for Company Sick Pay sickness or injury the Employee must comply with all notification and certification requirements in this clause 10. This includes keeping should keep the Company regularly Employer informed about the Employee’s expected as to his likely date of return to workreturn. 10.5 Any payment in addition The Employee agrees to that payable by the Company under clause 10.3 shall be consent to medical examinations (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 Employer's expense) by a medical practitioner nominated by the Company and Employer at any time during his employment should the Employer so require. The Employee agrees to provide that any report produced in connection with any such formal consents as are required to ensure that a report of that examination may be provided disclosed to the CompanyEmployer and the Employer may discuss the contents of the report with the relevant medical practitioner and otherwise, as appropriate. 10.8 If, 10.6 A Form SC2 (Self Certification of Sickness) is required in the opinion all cases of the Board, uncertified sickness. 10.7 If the Employee is or has been unable absent for more than 26 weeks in any 12 month period due to perform his/her duties properly by reason of illness sickness 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 then the Board Employer is entitled to terminate the employment by giving at any time has reason to believe that because of any such cause least statutory minimum notice. In the Employee may be unable properly to perform his/her duties for a period or periods of 12 weeks or more (over any consecutive 52 week period including past periods of incapacity), the Company shall be entitled at any time to give to the Employee not less than three months’ notice of termination of the Employment with the Company, less the aggregate of any periods during which the Employee has been paid salary under clause 10.3 during the 52 week prior to the giving case of such notice provided that the period of notice will termination, Sections 13 and 14 hereof shall not be less than the statutory minimum period of notice and notwithstanding that the Employee is or may be entitled to benefit under the terms of the income protection scheme offered by the Companyapplicable.

Appears in 1 contract

Samples: Contract of Employment (Alimera Sciences Inc)

SICKNESS OR INJURY. 10.1 Absence 16.1. If you are absent from work due to sickness sickness, injury or injury for a period of 5 days or less accident you must be notified to notify the Employee’s line manager Company as soon as practicable possible and in any event prior to 10before 10.00 am on the first working day of absence together with an explanation absence. 16.2. If you are absent from work for the absence and an estimate of the period of absence envisaged. Any change in the estimated period of absence less than 7 days you 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 setting out the reasons for it upon nature of your illness or incapacity on your return to work. 10.2 In the event of the Employee being absent . If your absence continues for more than 5 days7 days you will, medical evidence must be produced in on the form eighth day of such absence, submit a statement of reasons for absence completed by a qualified medical practitioner and sent doctor's certificate to the Line ManagerCompany and continue to submit promptly to the Company doctor's certificates covering any further period of absence. 10.3 If 16.3. Provided you comply with the Employee is absent on account of illness or injury, subject to clause 10.4notification and certification procedure set out above, the Employee Company will be entitled to pay you during such absence the Company will pay your normal basic rate of pay less any social security benefits recoverable (whether or not recovered) salary for up to 12 weeks one consecutive calendar month of absence in a calendar year, and then pay you half your normal basic salary for up to two further consecutive calendar months during a calendar year. Thereafter, 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 is entirely at the discretion of the Company. 10.6 SSP will , provided that you shall be paid by the Company entitled to statutory sick pay in accordance with the legislation rules of the statutory sick pay scheme, subject to the Company's right to terminate your employment under this Agreement. 16.4. Failure to comply with the certification requirements set out above may result in force your forfeiting your entitlement to be paid during periods of absence and in your facing disciplinary action. 16.5. Any Company sick pay shall include any statutory sick pay payable to you under the prevailing rules of the statutory sick pay scheme. The Company may deduct from Company sick pay an amount or amounts equal to any state benefit to which you are entitled or any payments made to you or for which you are eligible under any permanent health insurance scheme. 16.6. The Company reserves the right to require you to undergo a medical examination by the Company's doctor or an independent medical practitioner at the any time during a period of absence. Any payment You agree that the doctor or independent medical practitioner may disclose to the Company the results of the examination and discuss with the Company Sick Pay for a day of absence will discharge and its professional advisers any matters arising from the examination as might impair you from properly discharging your duties. You also authorise your own doctor to provide the Company’s obligation to pay SSP for that day's doctor and/or independent medical practitioner with any relevant extracts from your medical notes. 10.7 At any time during the Employee’s employment16.7. Whilst working on overseas assignments, the Company may require expects you to comply with the Employee to be medically examined at the Company’s expense by a medical practitioner nominated by the Company sickness policies 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, procedures practised 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 local office at which you 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 any such cause the Employee may be unable properly to perform his/her duties for a period or periods of 12 weeks or more (over any consecutive 52 week period including past periods of incapacity), the Company shall be entitled at any time to give to the Employee not less than three months’ notice of termination of the Employment with the Company, less the aggregate of any periods during which the Employee has been paid salary under clause 10.3 during the 52 week prior to the giving of such notice provided that the period of notice will not be less than the statutory minimum period of notice and notwithstanding that the Employee is or may be entitled to benefit under the terms of the income protection scheme offered by the Companybased.

Appears in 1 contract

Samples: Contract of Employment (Bookham Technology PLC)

SICKNESS OR INJURY. 10.1 Absence 14.1 If you are absent from work due to sickness sickness, injury or injury for accident you will notify a period suitable member of 5 days or less must be notified to staff of the Employee’s line manager Company as soon as practicable possible on each day of absence, and in any event prior to 10am no later than 30 minutes after your normal start time on the first working day of absence together relevant day, unless the Company confirms that you need not follow any such notification process with an explanation regard to any given day(s). 14.2 If you are absent from work for the absence and an estimate of the any 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 you will complete and sign a self-certification form relating to such absence and setting out the reasons for it upon nature of your illness or incapacity on your return to work. If your absence continues for 7 calendar days or more you agree that you will on the eighth calendar day of such absence submit a Statement of Fitness for Work to the Company and that you will submit further Statements of Fitness for Work promptly to cover any continued period of absence. 10.2 In 14.3 Subject to your compliance with 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 notification and sent to the Line Manager. 10.3 If the Employee is absent on account of illness or injury, subject to clause 10.4certification procedures set out above, the Employee Company will be entitled to pay your normal basic rate salary for 10 working days of pay less any social security benefits recoverable (whether absence due to illness, accident or not recovered) for up to 12 weeks injury in any period of 52 12 months, whether or not such days of absence are consecutive. In the event that you exhaust your Company sick pay entitlement in any period of 12 months: (a) you shall not be entitled to any further Company sick pay until and unless you have returned to work for a consecutive weeks period of not less than 3 calendar months; (b) any further payments of enhanced Company Sick Pay”). Thereafter sick pay will be made at the Employee sole discretion of the Company; and (c) the Company will only receive pay any statutory sick pay (“SSP”) to which the Employee that may be entitleddue in accordance with the prevailing statutory sick pay regulations. 10.4 In order 14.4 The Company reserves the right at all times to qualify for refuse to pay, to cease paying and/or to require you to repay any Company Sick Pay sick pay in the Employee must comply with all event that: (a) the Company is satisfied that you have misrepresented your state of health or are in any way abusing the Company’s sick pay scheme; (b) your absence results from an accident at work that was caused by your own negligence or misconduct at work; (c) you fail to follow the Company’s absence notification and certification requirements rules set out above; (d) in this clause 10. This includes keeping the opinion of a doctor appointed by the Company, you are well enough to return to work or you refuse to promptly attend any appointment with or to submit to any reasonable examination by a doctor appointed by the Company; (e) you behave in a manner which the Company regularly informed about the Employee’s expected date reasonably believes is likely to retard your recovery; or (f) you have been notified in good faith of return a requirement to workattend a formal disciplinary hearing to discuss any alleged misconduct or poor performance on your part. 10.5 Any payment 14.5 You agree that, in addition the event that (and with effect from the date) any benefits become payable to that payable you under any permanent health insurance or income protection scheme introduced by the Company at any time: (a) you shall cease to be entitled to any salary, Company sick pay, other remuneration (save for any statutory sick pay due by law and any benefits paid by the insurer under clause 10.3 the income protection scheme), car allowance, other allowances, bonuses, commission, pension contributions, life assurance, private medical insurance cover, stock options grants, share awards, incentives, or other employee benefits; and (b) the Company shall cease to have any obligation to hold you out as holding any particular office or post in the Company and the Company shall be entitled to appoint someone to undertake your role and duties. 14.6 Failure to comply with the certification requirements set out above may result in your forfeiting your entitlement to be paid during periods of absence and in your facing disciplinary action. 14.7 Company sick pay paid to you at the discretion of the CompanyCompany at any time shall include any statutory sick pay payable to you under the then prevailing rules of the statutory sick pay scheme. The Company may deduct from Company sick pay an amount or amounts equal to any state sickness benefit to which you are entitled. 10.6 SSP will 14.8 The Company reserves the right to require you to undergo a medical examination by the Company’s doctor or an independent medical practitioner in the event that you are unable to carry out your normal duties for the Company or are absent from work due to illness, accident or injury for not less than one month and you agree that the doctor or independent medical practitioner may disclose to the Company the results of the examination and discuss with the Company and its professional advisers any matters arising from the examination as might impair you from properly discharging your duties. You also authorise your own doctor to provide the Company’s doctor and/or independent medical practitioner with any relevant extracts from your medical notes. This clause is without prejudice to your statutory rights, including your rights under the Access to Medical Reports Xxx 0000. 14.9 If any period of absence due to sickness, injury or accident is or appears to be occasioned by any 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, you shall: (a) immediately notify the Company of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all further particulars that the Company may reasonably require; and (b) be required to repay to the Company all sick pay paid to you by the Company in accordance with respect of the legislation in force at the time relevant period 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 any such cause the Employee may be unable properly to perform his/her duties for a period or periods of 12 weeks or more (over any consecutive 52 week period including past periods of incapacity), the Company shall be entitled at any time to give to the Employee not less than three months’ notice of termination of the Employment with the Company, less the aggregate of any periods during which the Employee has been paid salary under clause 10.3 during the 52 week prior to the giving of such notice provided that the sum to be repaid shall be limited to that part of any damages or compensation recovered by you relating to your loss of earnings for the period of notice will not be less than the statutory minimum period of notice and notwithstanding that the Employee is or may be entitled to benefit under the terms of the income protection scheme offered by the Companyabsence.

Appears in 1 contract

Samples: Employment Agreement (Rockley Photonics Holdings LTD)

SICKNESS OR INJURY. 10.1 Absence due If you are going to sickness or injury be absent from work for a period of 5 days or less any reason, you must be notified arrange to the Employee’s line manager as soon as practicable and in any event prior to 10am notify [your manager]by [TIME] on the first working day of absence together with an explanation for absence. You are required to give details of the nature of your absence and an estimate any indication that can be given of the period your anticipated length of absence envisagedabsence. Any change in the estimated period of absence must be notified as soon as the Employee becomes aware of that change. The Employee Entitlement to sick pay may be required to complete and sign affected by late notification. For any absence you must fill in a self-certification form relating to such absence and the reasons for it upon on your return to work. 10.2 In , copies of which are available from [the event HR Department]. When any period of absence continues beyond seven calendar days you are required to obtain a medical certificate and to forward this to [the HR Department]. If illness continues after the expiry of the Employee being absent for more than 5 daysfirst certificate, medical evidence further certificates must be produced obtained as necessary to cover the whole period of absence and forwarded to the Employer on each occasion. You shall be paid such benefits as are prescribed in the form of a statement of reasons for absence completed by a qualified medical practitioner Statutory Sick Pay (SSP) Regulations 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 you will not 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 (“over and above SSP”) to which . SSP is not payable for 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 first three days of absence. Any payment You will not be paid for absence without leave for any reason other than personal sickness. For the purposes of Company Sick Pay calculating your entitlement to SSP, your qualifying days are [Monday] to [Friday] OR [those days on which you normally work]. The Employer places importance on employees being fit for work and reserves the right to require you to undergo a day of absence will discharge the Company’s obligation to pay SSP for that day. 10.7 At medical examination at any time during the Employee’s employment, the Company may require the Employee to be medically examined (at the CompanyEmployer’s expense expense) by a medical practitioner nominated doctor(s) appointed by the Company Employer and the Employee agrees to provide in such formal consents as are required to ensure circumstances you agree that a any report of that produced in connection with any such examination may be provided disclosed to the Company. 10.8 If, in Employer and the opinion Employer may discuss the contents 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 any such cause the Employee may be unable properly to perform his/her duties for a period or periods of 12 weeks or more (over any consecutive 52 week period including past periods of incapacity), the Company shall be entitled at any time to give to the Employee not less than three months’ notice of termination of the Employment report with the Company, less the aggregate of any periods during which the Employee has been paid salary under clause 10.3 during the 52 week prior to the giving of such notice provided that the period of notice will not be less than the statutory minimum period of notice and notwithstanding that the Employee is or may be entitled to benefit under the terms of the income protection scheme offered by the Companyrelevant doctor.

Appears in 1 contract

Samples: Apprenticeship Agreement

SICKNESS OR INJURY. 10.1 Absence 17.1. If you are absent from work due to sickness sickness, injury or injury for a period of 5 days or less accident you must be notified to notify the Employee’s line manager Company as soon as practicable possible and in any event prior to 10before 10.00 am on the first working day of absence together with an explanation absence. 17.2. If you are absent from work for the absence and an estimate of the period of absence envisaged. Any change in the estimated period of absence less than 7 days you must be notified as soon as the Employee becomes aware of that change. The Employee may be required to complete and sign a self-self certification form relating to such absence and setting out the reasons for it upon nature of your illness or incapacity on your return to work. 10.2 In the event of the Employee being absent . If your absence continues for more than 5 days7 days you will, medical evidence must be produced in on the form eighth day of such absence, submit a statement of reasons for absence completed by a qualified medical practitioner and sent doctor’s certificate to the Line ManagerCompany and continue to submit promptly to the Company doctor’s certificates covering any further period of absence. 10.3 If 17.3. Provided you comply with the Employee is absent on account of illness or injury, subject to clause 10.4notification and certification procedure set out above, the Employee Company will be entitled to pay you during such absence the Company will pay your normal basic rate of pay less any social security benefits recoverable (whether or not recovered) salary for up to 12 weeks one consecutive calendar month of absence in a calendar year, and then pay you half your normal basic salary for up to two further consecutive calendar months during a calendar year. Thereafter, 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 is entirely at the discretion of the Company. 10.6 SSP will , provided that you shall be paid by the Company entitled to statutory sick pay in accordance with the legislation rules of the statutory sick pay scheme, subject to the Company’s right to terminate your employment under this Agreement. 17.4. Failure to comply with the certification requirements set out above may result in force your forfeiting your entitlement to be paid during periods of absence and in your facing disciplinary action. 17.5. Any Company sick pay shall include any statutory sick pay payable to you under the prevailing rules of the statutory sick pay scheme. The Company may deduct from Company sick pay an amount or amounts equal to any state benefit to which you are entitled or any payments made to you or for which you are eligible under any permanent health insurance scheme. 17.6. The Company reserves the right to require you to undergo a medical examination by the Company’s doctor or an independent medical practitioner at the any time during a period of absence. Any payment You agree that the doctor or independent medical practitioner may disclose to the Company the results of the examination and discuss with the Company Sick Pay for a day of absence will discharge and its professional advisers any matters arising from the examination as might impair you from properly discharging your duties. You also authorise your own doctor to provide 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 doctor and/or independent 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 Companywith any relevant extracts from your medical notes. 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 any such cause the Employee may be unable properly to perform his/her duties for a period or periods of 12 weeks or more (over any consecutive 52 week period including past periods of incapacity), the Company shall be entitled at any time to give to the Employee not less than three months’ notice of termination of the Employment with the Company, less the aggregate of any periods during which the Employee has been paid salary under clause 10.3 during the 52 week prior to the giving of such notice provided that the period of notice will not be less than the statutory minimum period of notice and notwithstanding that the Employee is or may be entitled to benefit under the terms of the income protection scheme offered by the Company.

Appears in 1 contract

Samples: Contract of Employment (Bookham, Inc.)

AutoNDA by SimpleDocs

SICKNESS OR INJURY. 10.1 Absence 12.1 If the Executive shall at any time be incapacitated by illness or accident from performing his duties under this Agreement then without prejudice to the provisions of clause 13 below and subject to the Executive accounting to the Company for all sickness or other national insurance benefit which may be payable to him, the Executive shall continue to receive the normal remuneration payable to him under this Agreement in respect of the period during which he shall be so incapacitated (such remuneration being deemed to be inclusive of any Statutory Sick Pay to which the Executive may be entitled) on the following basis: LENGTH OF CONTINUOUS EMPLOYMENT ENTITLEMENT TO SICK PAY IS FOR A PERIOD OR PERIODS AGGREGATING THE FOLLOWING NUMBER OF WORKING DAYS IN ANY PERIOD OF 12 CONSECUTIVE MONTHS FULL PAY HALF PAY 1-3 years 20 days 20 days Over 10 years 60 days 60 days 12.2 The Executive shall, if so required by the Company, produce a doctor's certificate verifying that any absence from work is due to accident or ill-health and in default such absence shall be deemed to be unjustified. 12.3 For the purposes of calculation of Statutory Sick Pay the days on which the Executive could qualify for payments are: Monday, Tuesday, Wednesday, Thursday and Friday. 12.4 The Company reserves the right to require the Executive to be examined at any time by an independent doctor at its expense and to cease payment of sick pay if it is advised by the doctor that the Executive is fit to return to work. 12.5 If the Executive is absent from his duties due to sickness or injury for a period or periods in excess of 5 days or less must his maximum sick pay entitlement the Company will not be notified obliged to make any further payments to the Employee’s line manager as soon as practicable and Executive. However, if the Company does decide, in its absolute discretion, to make any event prior further payments to 10am on the first working day of absence together with an explanation Executive (in whatever amount the Company may decide), any such further payments may be varied or discontinued at any time. 12.6 Sick pay may be withheld if sickness or injury results from a sporting or hazardous activity or it is found 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 any reason whatsoever that changereturn to work has been delayed for unacceptable reasons. The Employee Executive may be required to complete and sign undergo a self-certification form relating to such absence and the reasons medical examination by a duly qualified medical practitioner for it upon return to workthese purposes. 10.2 In 12.7 If the Executive is injured in circumstances such that a claim can be made for compensation, any payment whether by way of sick pay or otherwise for any ensuing period of absence, will be regarded as an interest free loan and will be repayable in the event of the Employee compensation being absent recovered for more than 5 days, medical evidence must be produced in the form loss of a statement of reasons for absence completed by a qualified medical practitioner and sent to the Line Managerearnings. 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 any such cause the Employee may be unable properly to perform his/her duties for a period or periods of 12 weeks or more (over any consecutive 52 week period including past periods of incapacity), the Company shall be entitled at any time to give to the Employee not less than three months’ notice of termination of the Employment with the Company, less the aggregate of any periods during which the Employee has been paid salary under clause 10.3 during the 52 week prior to the giving of such notice provided that the period of notice will not be less than the statutory minimum period of notice and notwithstanding that the Employee is or may be entitled to benefit under the terms of the income protection scheme offered by the Company.

Appears in 1 contract

Samples: Employment Agreement (Genomic Solutions Inc)

SICKNESS OR INJURY. 10.1 Absence 12.1 Subject to the Executive's compliance with the Employer's sickness absence procedures (as amended from time to time) he shall continue to receive his full salary and contractual benefits (other than any bonus or performance-related benefits) ("Company Sick Pay") during any period of absence due to any sickness or injury which prevents the Executive from carrying out his duties for a period up to an aggregate of 5 days or less must be notified to the Employee’s line manager as soon as practicable and two weeks in any event prior 52 week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the time of absence. 12.2 Any further payment will be at the discretion of the Employer. 12.3 If the Executive is prevented by sickness from performing his duties properly, he shall report this fact promptly to 10am his Line Managers, or another manager if the Line Managers are not available, before 10.00a.m. on the first working day of absence sickness 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 workpossible. 10.2 In 12.4 If the event of the Employee being absent absence continues for more than 5 days, medical evidence must continuous working days a "fit-note" from the Executive's doctor should be produced in submitted explaining the form nature of a statement of reasons for absence completed by a qualified medical practitioner and sent to the Line Managersickness or injury. 10.3 If 12.5 During all periods of absence due to sickness or injury the Employee is absent on account Executive should keep the Employer informed as to his likely date 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 entitledreturn. 10.4 In order 12.6 The Executive agrees 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 consent to work. 10.5 Any payment in addition to that payable by the Company under clause 10.3 shall be medical examinations (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 Employer's expense) by a medical practitioner nominated by the Company and Employer at any time during his employment should the Employee Employer so require. The Executive agrees to provide that any report produced in connection with any such formal consents as are required to ensure that a report of that examination may be provided disclosed to the CompanyEmployer and the Employer may discuss the contents of the report with the relevant medical practitioner and otherwise, as appropriate. 10.8 If, 12.7 A Form SC2 (Self Certification of Sickness) is required in all cases of uncertified sickness. 12.8 If the opinion of the Board, the Employee Executive is or has been unable absent for more than 12 weeks in any 12 month period due to perform his/her duties properly by reason of illness sickness 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 then the Board at any time has reason to believe that because of any such cause the Employee may be unable properly to perform his/her duties for a period or periods of 12 weeks or more (over any consecutive 52 week period including past periods of incapacity), the Company shall be entitled at any time to give to the Employee not less than three months’ notice of termination of the Employment with the Company, less the aggregate of any periods during which the Employee has been paid salary under clause 10.3 during the 52 week prior to the giving of such notice provided that the period of notice will not be less than the statutory minimum period of notice and notwithstanding that the Employee Employer is or may be entitled to benefit under terminate the terms of the income protection scheme offered by the Companyemployment.

Appears in 1 contract

Samples: Contract of Employment (Agenus Inc)

SICKNESS OR INJURY. 10.1 Absence 16.1. If you are absent from work due to sickness sickness, injury or injury for a period of 5 days or less accident you must be notified to notify the Employee’s line manager Company as soon as practicable possible and in any event prior to 10before 10.00 am on the first working day of absence together with an explanation absence. 16.2. If you are absent from work for the absence and an estimate of the period of absence envisaged. Any change in the estimated period of absence less than 7 days you 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 setting out the reasons for it upon nature of your illness or incapacity on your return to work. 10.2 In the event of the Employee being absent . If your absence continues for more than 5 days7 days you will, medical evidence must be produced in on the form eighth day of such absence, submit a statement of reasons for absence completed by a qualified medical practitioner and sent doctor's certificate to the Line ManagerCompany and continue to submit promptly to the Company doctor's certificates covering any further period of absence. 10.3 If 16.3. Provided you comply with the Employee is absent on account of illness or injury, subject to clause 10.4notification and certification procedure set out above, the Employee Company will be entitled to pay you during such absence the Company will pay your normal basic rate of pay less any social security benefits recoverable (whether or not recovered) salary for up to 12 weeks one consecutive calendar month of absence in a calendar year, and then pay you half your normal basic salary for up to two further consecutive calendar months during a calendar year. Thereafter, 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 is entirely at the discretion of the Company. 10.6 SSP will , provided that you shall be paid by the Company entitled to statutory sick pay in accordance with the legislation rules of the statutory sick pay scheme, subject to the Company's right to terminate your employment under this Agreement. 16.4. Failure to comply with the certification requirements set out above may result in force your forfeiting your entitlement to be paid during periods of absence and in your facing disciplinary action. 16.5. Any Company sick pay shall include any statutory sick pay payable to you under the prevailing rules of the statutory sick pay scheme. The Company may deduct from Company sick pay an amount or amounts equal to any state benefit to which you are entitled or any payments made to you or for which you are eligible under any permanent health insurance scheme. 16.6. The Company reserves the right to require you to undergo a medical examination by the Company's doctor or an independent medical practitioner at the any time during a period of absence. Any payment of Company Sick Pay for a day of absence will discharge You agree that the Company’s obligation doctor or independent medical practitioner may disclose 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 results of the Company’s expense by a medical practitioner nominated by examination and discuss with the Company and its professional advisers any matters arising from the Employee agrees examination as might impair you from properly discharging your duties. You also authorise your own doctor to provide such formal consents as are required the Company's doctor and/or independent medical practitioner with any relevant extracts from your medical notes. 17.1. During the course of your employment you will have access to ensure that a report and become aware of that examination may be provided information which is confidential to the Company. You undertake that you will not, save in the proper performance of your duties for the Company, disclose to any person, firm, company or organisation or use (whether for your own benefit or for the benefit of any person, firm, company or organisation) any of the trade secrets or other confidential information of or relating to (a) the Company; (b) any Group Company; (c) any client or customer of the Company; (d) any person, firm, company or organisation with whom or which the Company is involved in any kind of business venture or partnership; or (e) any other third party to which the Company or any Group Company owes a duty or confidentiality. Further, you agree use your best endeavours to prevent the unauthorised publication or disclosure of any such trade secrets or confidential information. 10.8 If17.2. The restriction in clause 17.1 shall continue to apply after the termination of your employment without limit in point of time, in but shall cease to apply to information ordered to be disclosed by a Court or Tribunal of competent jurisdiction or to information which becomes available to the opinion of the Board, the Employee is or has been unable to perform his/her duties properly public generally (other than by reason of illness your breaching this clause). Nothing in this clause 17 will prevent you making a "protected disclosure" within the meaning of the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000. 17.3. For the purposes of this Agreement confidential information shall include, but shall not be limited to: (a) corporate and marketing strategy and plans and business development plans; (b) budgets, management accounts, bank account details and other confidential financial data; (c) business sales and marketing methods; (d) all techniques and processes used in relation to products and services; (e) details of products and services being developed, including research and development reports, details of the Company's computer technology, applications and systems, computer code and algorithms developed or injury for a period used, information relating to proprietary computer hardware or periods exceeding 12 weeks software (whether or not any days not worked are normal working daysincluding updates) in aggregate in any period and details of 52 consecutive weeksintellectual property solutions; (f) methods, or if procedures and information relating to the Board at any time has reason to believe that because operation of its business, including details of salaries, bonuses, commissions and other employment terms applicable; (g) the names, addresses and contact details of any such cause the Employee may be unable properly to perform his/her duties for a period customers or periods of 12 weeks or more (over any consecutive 52 week period Prospective Customers, including past periods of incapacity), the Company shall be entitled at any time to give customer lists in whatever medium this information is stored and details in relation to the Employee not less than three months’ notice requirements of termination those customers or the potential requirements of Prospective Customers for any products or services. Without prejudice to the generality of the Employment with the Companyforegoing, less the aggregate information provided by visitors to and users of any periods during which the Employee has been paid salary under clause 10.3 during the 52 week prior to the giving of such notice provided that the period of notice will not be less than the statutory minimum period of notice and notwithstanding that the Employee is or may be entitled to benefit under its web sites, (h) the terms of business with its advertisers, customers and suppliers, including any pricing policy adopted and the income protection scheme offered terms of any partnership, joint venture or other form of commercial co-operation or agreement entered into with any third party; (i) software and technical information necessary for the development, maintenance or operation of any of any website and the source and object code of each website; and (j) any other information in respect of which it is bound by an obligation of confidence owed to a third party. 17.4. Your undertaking to the Company in clause 17.1 is given to the Company for itself and as trustee for each Group Company.

Appears in 1 contract

Samples: Contract of Employment (Bookham Technology PLC)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!