On the 28 May 2020 the Statutory Sick Pay Regulations were amended. It added to the list of people deemed incapable of work for statutory sick pay purposes to include those who have been notified they need to isolate due to coming into contact with somebody with Covid-19.
Following the Covid-19 outbreak, the SSP Regulations were initially amended so that people who were isolating because either they or a member of their household had symptoms of Covid-19 or they were shielding due to being extremely clinically vulnerable were deemed to be ‘incapable of work’ and therefore entitled to SSP.
In England, this further amendment adds a new category of people, it means if a person has been notified through the new Contact Tracing system (also referred to as Trace and Trace) that they have been in contact with somebody who has Covid-19 symptoms and they must self-isolate for 14 days, they are also deemed ‘incapable of work’ and will be entitled to SSP.
SSP is currently paid at a flat rate of £95.85 for up to 28 weeks in any period of incapacity for work. Eligible employers, namely those with fewer than 250 employees, can also recover up to 2 weeks’ SSP paid to its employees from HMRC.
Paula Bailey from our Employment team comments:
“The main purpose of amending the Regulations again is to provide certainty to individuals that they will be entitled to SSP if they are notified they need to isolate. We would also recommend checking the latest guidance accompanying the Government’s Contact Tracing system which provides further useful details.
Employees who are told to self isolate should be encouraged to do so and those employees should work from home where they possibly can. If this is not possible, then they should be told not to come into work. Employers may also have to deal with employee absences at very little to no notice and should therefore ensure there are contingencies in place."
If you require any further assistance or have questions please do not hesitate to get in touch with a member of the team.
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