The effect of various work patternsMost people are entitled to sick leave whether they are full- or part-time, permanent or fixed-term employees, providing that they have completed six months' continuous service.
The Holidays Act 2003 also provides sick leave entitlements after six months to employees whose employment is not continuous if, during those six months, they have worked for the employer for:
an average of at least 10 hours per week, including
at least one hour per week or 40 hours per month.
Employees on a series of fixed-term agreements, or employees sometimes described as “casual”, would become entitled to sick leave if they meet this test.
The payment for sick leave would be made where it is a day that the employee would otherwise have worked, and would be made at the employee's relevant rate of pay for the day.
The entitlement to sick leave for these employees is subject to the same test each 12 months. If in any year the work pattern does not meet the above test, then no new entitlement arises. However, they may requalify on the basis of the previous six months service.