Statutory sick pay - new rules in force today
The government has introduced The Statutory Sick Pay (Medical Evidence) Regulations 2021 which come into force today (Friday 17 December 2021). These extend the period employees can self-certify they are sick to 28 days rather than the usual seven days.
17.12.2021
Why have the self-certification rules changed?
The government has changed the rules to free up GP's to concentrate on rolling out the vaccine booster programme which has been accelerated to try and combat the threat from the Omicron variant.
Does it apply to employees who became ill before 17 December?
It applies to anyone who first became ill after 9 December (so from 10 December) who remains unfit to work after seven days. However, anyone who is already signed off work via their GP will need to continue to obtain fit notes when their existing ones expire.
Is this a permanent change?
No. These changes apply from 17 December 2021 through to 26 January 2022.
Can we still ask an employee to get a fit note from their GP if we're not convinced they are genuinely ill?
No. These new rules only change the self-certification period. All of the other rules around SSP and self-certification continue to apply.
So, you must accept a fit note at face value unless you have convincing evidence which casts doubt on whether your employee is genuinely ill. We looked at the options open to employers in our article: Is your employee sick or skiving?
Where can we find out more information?
The government has updated its guidance note on SSP.
Our Coronavirus updates
We're working hard to keep you up to date with legal developments around Coronavirus. We've set up a portal which includes lots of helpful articles and advice to help you.
If you have a query, that we haven't answered, please contact us.
Key Contacts
Related Articles
Expert CommentUnderstanding the Equality Act 2010: EHRC updates its guidance for schools and collegesNew guidance for schools
Expert CommentThe SEND White Paper: our viewThe Government’s SEND White Paper aims to create a more inclusive and streamlined system. While we welcome that ambition, the proposals raise important practical concerns about how the system will work in practice.
Expert CommentGender neutral toilets in primary school breached regulations and indirectly discriminated against girlsIn DE and FG v West Lothian Council the parents of a five-year old girl brought judicial proceedings against a Scottish local authority because the toilet facilities in one of its newly built schools were gender-neutral. They argued the council had breached relevant regulations and its toilet policy indirectly discriminated against girls. They also alleged that the effect of the policy harassed their daughter.
