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Monday, April 6, 2020
As a follow on from the identification of an employee with Covid-19 symptoms we thought it appropriate to review the rules around Statutory Sick Pay.
The simple rule is that any employee who is unfortunate enough to contract coronavirus will be subject to the same process as any other sickness absence in terms of payment.
If your policy is that you only pay statutory sick pay (SSP) during sickness absence, that is the policy you should adopt, subject to meeting the qualifying criteria. SSP is payable from day one; there are no “waiting days” where the reason for the absence is coronavirus.
NB Employees who are advised to self-isolate due to medical advice relating to them or others in their household are also eligible for SSP.
Taking a reasonable view of the circumstances around contracting the illness. If they become ill following contact with a colleague at work or through a trip organised by the business, it may be prudent to adopt greater flexibility and remuneration above minimum levels.
Also, it is worth noting that if you have 250 employees or less you can reclaim the SSP paid for sickness due to COVID-19.
Employees who are on sick leave or self-isolating and in receipt of SSP can be furloughed afterwards once they are deemed fit to return to work.
Government guidance:
Employees and workers must receive any Statutory Sick Pay (SSP) due to them if they need to self-isolate because:
- they have coronavirus
- they have coronavirus symptoms, for example a high temperature or new continuous cough
- someone in their household has coronavirus symptoms
- they’ve been told to self-isolate by a doctor or NHS 111
Written by Robert Gibson, Senior Consultant - Employment Law
Robert is a Senior Consultant at Samuel Phillips and specialises in employment and business matters. He advises in relation to employment and shareholder disputes, including pensions and related issues.
