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The Working Time Regulations 1998
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- UK Statutory Instruments
- 1998 No. 1833
- PART II
- Regulation 15C
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[F1Irregular hours workers and part-year workers: annual leave accrued while on sick or statutory leaveE+W+S
15C.—(1) This regulation applies for the purposes of determining the amount of annual leave which a worker to whom regulation 15B applies, accrues in a pay period during a period of sick leave or statutory leave.
(2) The amount of annual leave is calculated as follows—
Step 1
Calculate the average number of hours per week that the worker worked during the relevant period before the worker started the sick leave or statutory leave.
Step 2
Calculate 12.07% of the number of hours arrived at under Step 1 to find the number of hours of annual leave that the worker accrues during each week of the sick leave or statutory leave.
Step 3
Multiply that number of hours by the number of weeks in a pay period for which the worker is taking sick leave or statutory leave to find the number of hours of annual leave that the worker accrues during each such pay period.
(3) In Step 1, the “relevant period” means—
(a)the period of 52 weeks ending with the day before the day on which the worker started the sick leave or statutory leave, or
(b)if the worker has been in employment for a period of less than 52 complete weeks before starting that leave, that lesser period.
(4) For the purposes of the calculation under Step 1—
(a)no account is to be taken of any weeks during the relevant period in which a worker was, for any amount of time, on sick leave or statutory leave, but
(b)all other weeks during the relevant period are to be taken into account, including weeks during which the worker did not work any hours.
(5) If, in a case falling within paragraph (3)(a), any weeks are discounted under paragraph (4)(a), earlier weeks shall be taken into account so as to bring the number of weeks to 52 (or as close to 52 as possible).
(6) For the purposes of paragraph (5) no account is to be taken of hours worked in weeks preceding the period of 104 weeks ending—
(a)where the calculation date is the last day of a week, with that week, and
(b)otherwise, with the last complete week before the calculation date.]
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