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COVID-19 - Sick Pay

Covid-19 - Sick Pay

sick pay, covid-19, coronavirus, employment law
If your employees are unwell because of the virus then you need to decide whether statutory sick pay (SSP) applies.

There are various reasons why an employee may need time off work, including self-isolation. Currently, the following will be treated as sickness absence:

  • your employee has coronavirus;
  • your employee has coronavirus symptoms, for example, a high temperature or continuous cough;
  • someone in your employee’s household has coronavirus symptoms;
  • your employee has been told to self-isolate by a doctor or NHS 111.

In the event of any of the above, the absence must be treated as sickness absence. In relation to pay, SSP will apply from day one (this is another new rule following the outbreak of coronavirus). However, if your contract of employment provides for greater sickness pay then that will need to be applied.

The government has also introduced new rules that enable employers to recover the first two weeks of SSP from the Government. 

If an employee self-isolates they can self-certify for the first seven days off work without having to get a fit note from a doctor oh NHS 111. 

Those self-isolating owing to coronavirus for more than seven days can now get an online self-isolation note from the NHS website or NHS mobile phone app. 

If an employee take time off work that is not sickness absence, for example, they choose to self-isolate, for example, not because they have symptoms, but because they just want to avoid catching coronavirus, you should discuss their absence with them. This could be taken as holiday or unpaid leave but is unlikely to qualify as sickness absence. You do not need to agree this time off and if your employee refuses to attend work or work without a valid reason, it can mean you are entitled to take disciplinary action. 

Part 3 - Home working - Practical Considerations, will to follow tomorrow.

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