Do periods of sick leave count towards the 12 weeks needed for agency workers to qualify for equal treatment?

Yes, sick leave does not break your continuity of employment for the purposes of the 12-week qualifying period. So if you worked for a company for nine weeks, were on sick leave for two weeks and then returned for another two weeks in the same role with the same hirer, you would qualify for equal treatment and would continue to do so for as long as you remained in the same job with this hirer.

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

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