Childcare Counsel - SSP and coronavirus

In what circumstances is statutory sick pay (SSP) payable?

People who are not sick but are required to self-isolate fall under the definition of ‘incapacity’ for the purposes of SSP. This means they are entitled to SSP during self-isolation.

When is SSP due?

SSP is only payable if the employee self-isolated for at least four days; if so, they are entitled to SSP from day one.

Which groups are excluded?

Those required to quarantine after returning from overseas.

What evidence can employers ask for?

Online isolation notes should be provided by employees. Alternatively, employers can request evidence that the employee has been contacted by the appropriate authorities.

Small employers

The SSP rebate scheme for small employers ended on 30 September.

What about employees who have chosen not to be vaccinated?

Regardless of the reasons someone has not to be vaccinated, if they are required to self-isolate and/or catch Covid, they are still entitled to SSP.

Is an employee entitled to contractual sick pay when required to self-isolate?

This will depend upon the terms of the contract of employment and the relevant sick pay policy. If, for example, these provide that contractual sick pay is payable whenever SSP is payable, meaning that the same eligibility criteria apply, the employer would need to make payment in full where SSP is triggered by self-isolation, whether or not the employee has symptoms. However, such a policy or clause is unusual. More commonly, contractual sick pay is triggered by sickness only. In that case, it is unlikely that self-isolation, in the absence of symptoms or a diagnosis, would be caught.

• For further information, please contact Hannah Belton on hbelton@morganlaroche.com