The UK has recently seen the highest number of new daily cases of Covid 19. As a result, many employers have seen an increase in the number of sickness absences due to COVID19. This factsheet answers some of the most frequently asked questions about sickness absence due to covid19 and pay.
Statutory sick pay (SSP) is a weekly payment made to employees, who earn an average of at least £120 per week and who are too ill to work. It is payable from the employee’s fourth day of sickness absence; the first three days of absence are not covered by the scheme. The current SSP rate is £96.35 per week and is payable for up to 28 weeks.
The government has announced they are reintroducing the Statutory Sick Pay Rebate Scheme for small and medium-sized employers i.e. those businesses with fewer than 250 employees. Employers will be eligible for the scheme if:
Employers shall be entitled to claim the costs for up to two weeks of SSP per employee that has to take time off because of Covid-19.
This scheme takes effect from 21 December 2021.
Employers will be able to make a claim through HMRC from mid-January onwards, using the following website: https://www.gov.uk/guidance/claim-back-statutory-sick-paypaid-to-your-employees-due-to-coronavirus-covid-1
Employees who are not actually sick but are self-isolating following medical and/or government guidance must be paid SSP.
Under the amended SSP regulations, the following categories of people are entitled to SSP:
The normal process for employers to obtain evidence would be for all employees to self-certify themselves for the first 7 days and ask for a fit note from the GP for absences longer than seven days.
However, due to the additional pressure, this would put on GP’s having to deal with the time dedicated to issuing fit notes the law has been changed to allow for self-certification for up to 28 days of absences which began after the 10th of December 2021 and end on or before the 26th of January 2022. Where employees have been advised to self-isolate there is an online system that they can use to provide an isolation note.
Employers who offer contractual sick pay will need to review their policy and consider whether to apply the new self-certification rules to their own policy.
It is now an offence in England for an employer to allow staff to come to work if they know an employee is required to self-isolate because they have tested positive for Covid-19 or have been notified by NHS Track and Trace. Employees and agency workers have a legal obligation to inform their employers that they are self-isolating and how long they shall be isolating for. Therefore, any request from an employee to return to work that would be contrary to medical and/or government guidance should be refused.
Employers must remember that they have a duty of care towards their employees.
There is a possibility that employees who suffer from long term Covid-19 can be considered disabled for the purposes of the Equality Act. If the impact of having Covid-19 is likely to last for 12 months or more and have a significant impact on the employee’s ability to do day-to-day tasks, they are likely to be protected from unfavourable treatment as a result of having Covid-19. Employers would have a duty to make reasonable adjustments to facilitate their return to work and should proactively manage the absence, including documenting the impact it has on the business.
Careful attention should be paid to the wording of policies that afford employees more than the statutory minimum sick pay. For example, the policy may state that employees only qualify for company sick pay when they are too sick to work. Therefore, employees who are isolating due to mild symptoms or due to being a close contact may not be eligible for company sick pay under the policy. In this instance, companies may consider amending their policy to encourage employees to comply with the medical and/or government guidance.
Employers may also want to consider discounting Covid19 related absences for attendance management systems.
Employers should treat all employees consistently to avoid potential claims and complaints.
As double vaccinated employees are exempt from self-isolating if they are identified as a close contact of a positive case, employers may want to reconsider their policy on contractual sick pay for self-isolation.
The employer should tell the employee to go home immediately. If the employee is well enough to work from home, they will be entitled to normal pay. If they are unable to work from home, they will be entitled to SSP.
The employer should take steps to deep clean the workplace to avoid potential spread and further infections.
No. They will only be legally required to self-isolate if they are officially notified under the NHS Test and Trace service that they should do so.
Some employees who are unable to work from home and are claiming certain benefits from may be entitled to a one-off payment of £500 through the Test and Trace Support Payment scheme
If you have any questions regarding sickness absence and pay in relation to Covid-19, our team of expert employment lawyers can answer your queries. Please contact the team via email at contact@davenportsolicitors.com or telephone on 02079036888.
