(1) Subject to this Act, an employee shall, in respect of a day on which he or she would ordinarily work but is incapable of doing so due to illness or injury (in this Act referred to as a "statutory sick leave day"), be entitled to statutory sick leave.

(2) An employee shall be entitled to up to and including 5 statutory sick leave days in a year, or such number of statutory sick leave days as may stand specified from time to time by order of the Minister under section 6.

(3) Statutory sick leave days may be consecutive days or non-consecutive days.

(4) Subject to subsection (4A), the first day a year that an employee is incapable of working due to illness or injury shall be the employee's first statutory sick leave day, and any subsequent statutory sick leave days shall be construed accordingly.

(4A) An employee shall not be entitled to statutory sick leave where, on the immediately preceding normal working day, that employee was on sick leave -

(a) constituting statutory sick leave in the immediately previous calendar year, or