The COVID-19 pandemic has seen a number of changes to Statutory Sick Pay (SSP) and Fit Notes.
Two more changes have now come into force.
End of the temporary SSP COVID-19 provisions
As part of the government’s “living with COVID-19” strategy, the legal requirement for people with COVID-19 to self-isolate ended on 24 February 2022. Consequently, on 25 March 2022, amendment regulations came into effect ending the temporary COVID-19 provisions within the SSP regime.
What were the temporary COVID-19 provisions?
The temporary COVID-19 SSP provisions were created so that individuals who were self-isolating or shielding would be deemed incapable of work and would therefore be entitled to receive SSP. The provisions also disapplied the waiting days - the first three qualifying days in any period of incapacity for work during which SSP is not paid –in instances when someone’s incapacity for work was related to COVID-19. This meant that SSP became payable from the first qualifying day of COVID-19 related absence, rather than from the fourth qualifying day.
So, what practical impact do these new regulations have?
The amendment regulations effectively return the SSP regime to the pre-pandemic position. The revocation of the deemed incapacity provisions means that in order for someone to qualify for SSP they now must actually be sick or incapable of work. In line with the end to the legal requirement for self-isolation, a positive test result will no longer result in deemed incapacity. If a person is asymptomatic or only has mild symptoms they will no longer be eligible for SSP.
The disapplication of waiting days for payment of SSP in relation to COVID-19 has also been revoked for periods of absence starting after 24 March 2022. The disapplication will continue to apply in relation to periods of incapacity as a result of COVID-19 which started on or before 24 March 2022. However, for any periods of absence starting on or after 25 March 2022 SSP will not kick in until the fourth qualifying day.
Digital Fit Notes
In the course of the Department for Work and Pensions and the Department of Health and Social Care’s joint 2019 consultation, Health is everyone’s business: proposals to reduce ill health-related job loss, employers highlighted the importance of the fit note in handling sickness absence. In their 2021 response to the consultation, the government admitted that it had learnt lessons from COVID-19 in this regard.
In the context of General Practice moving to an increasingly virtual consultation model, the government acknowledged that there was a clear demand for digital provision of fit notes and committed to removing the statutory obstacles to this. Prior to 6 April 2022, fit notes had to be signed in ink by the issuing doctor. However, new regulations now in force from 6 April 2022 remove this requirement, prescribing a new form of fit note which does not contain a signature box. The new digital form will be used by GPs alongside the existing version of the form for the time being.
Practical tip
Employers should familiarise themselves with these changes and what they mean for your organisation.
If you have any queries on either of these topics, please contact your usual member of our Employment team.
This article contains a general overview of information only. It does not constitute, and should not be relied upon, as legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter.
