Revised Laws of Saint Lucia (2021)

44.   Conditions for sickness benefit

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    (1)   Subject to this section, an insured person who satisfies the prescribed conditions shall be entitled to sickness benefit in respect of any day of temporary incapacity for work, which forms part of a period of interruption of employment caused otherwise than by employment injury.

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    (2)   A person claiming for sickness benefit shall make the claim in the prescribed manner and shall satisfy the Director that—

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      (a)     he or she is under pensionable age on the day in question;

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      (b)     he or she is engaged in insurable employment immediately prior to the clay on which incapacity commenced;

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      (c)     he or she has paid not less than the prescribed contributions; and

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      (d)     he or she has been employed in insurable employment during the prescribed contribution period immediately preceding the month in which the day of the continuous period of incapacity for work occurred.

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      (e)     he or she has been certified by a registered medical practitioner as being temporarily incapable of work.

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    (3)   For the purpose of subsection (2)(e) temporary incapacity for work includes any period during which a person is required to abstain from work because he or she is under medical observation.

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    (4)   An insured person shall not be entitled to receive sickness benefit for the first 3 days of any period of interruption of employment.

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    (5)   The Director may for the purposes of this section require the claimant to attend for and submit himself or herself to examination by one or more registered medical practitioners nominated by the Director from a panel of registered medical practitioners approved by the Board.

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    (6)   Sickness benefit shall be paid for each day as long as the incapacity for work continues, subject to such maximum period as may be prescribed; however, any 2 or more periods of incapacity for work not separated by more than 2 months or such other period as may be prescribed, shall be treated as one continuous period of incapacity for work starting on the first day of such periods.

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    (7)   For the purpose of subsection (6) Sunday or such other days in each month (or week) as may be determined by the Director in any particular case or class of cases shall not be treated as a day of incapacity for work and shall be disregarded in computing any period of consecutive days.

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    (8)   The rate of sickness benefit shall be such percentage of the insured person's relevant earnings as shall be prescribed.

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    (9)   An insured person who is in receipt of sickness benefit shall be disqualified from receiving such benefit for such period as the Director may decide if—

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      (a)     the claimant has become incapable of work through his or her own misconduct;

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      (b)     the claimant fails, without good cause, to comply with a notice in writing by the Director requiring him or her to attend for and submit himself or herself to medical examination;

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      (c)     the claimant fails, without good cause, to—

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        (i)     refrain from any conduct which is likely to retard his or her recovery,

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        (ii)     remain at his or her place of residence,

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        (iii)     refrain from doing any work for which remuneration is ordinarily payable.

INVALIDITY BENEFIT