Sick Pay Provisions – Temporary Legal Update

By December 21, 2021Employment

Instead of the usual seven days, due to a recent legal update, employees will be able to self-certify (meaning they will not be required to provide medical information to their employer) for the first 28 days of any spell of incapacity for work.

The Statutory Sick Pay (Medical Evidence) Regulations 2021 came into force on 17 December 2021 in order to increase GP capacity to support the Covid-19 vaccine booster programme, by reducing the need for employees to visit their GP to obtain fit notes for the purposes of statutory sick pay.

This change is temporary and currently covers periods of incapacity for work which either start during the period of 17 December 2021 to 26 January 2022 or which commenced prior to 17 December 2021 but have not yet lasted seven days. The modification will continue to apply to any spell of incapacity which commenced before 26 January 2022.

Therefore, if an employee is off sick on or after 10 December 2021 and up to and including 26 January 2022, an employer cannot ask them for proof of sickness until they have been off for 28 days or more.

If you require assistance with any of the above matters, please contact the Employment Team today.

Gemma Wilson

Author Gemma Wilson

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