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Chapter 9
Notice pay during sickness absence
An employee absent on sick leave during any part of their notice period is entitled to full weekly pay, even if all contractual sick pay has been used up (section 88 ERA 96), unless their contractual notice entitlement is at least one week longer than their statutory minimum entitlement (section 87(4) ERA 96) (Scotts Co (UK) Ltd v Budd [2003] IRLR 145).