COVID-19 and Statutory Sick Pay update

A temporary return of the SSP reclaim service and relaxation of the rules on self-certification have been announced in response to the Omicron wave 

With the arrival of the Omicron variant, many businesses will have had, and continue to have, employees absent from work due to COVID.  In response to this, the Government has announced some time-limited changes to the rules around Statutory Sick Pay (SSP).

The (temporary) return of the reclaim scheme

Back in April 2020, the Government launched a Coronavirus Statutory Sick Pay Rebate Scheme to repay smaller employers up to two weeks of the standard rate of SSP paid to employees. 

This scheme was closed in September 2021, meaning that claims could only be made for employees who were off work on or before the end of that month.  However, it has since been announced that the scheme will be reintroduced in mid-January to cover periods from the end of December 2021.

Whilst GOV.UK guidance on the scheme had not been updated at the time of writing, the legislation covering the extension of the scheme confirms that, as before, up to two weeks of COVID related SSP can be reclaimed.  However, terms and conditions apply, including:

  • The employer must have had fewer than 250 employees enrolled on their PAYE schemes (taking into account any connected companies or charities) on 30 November 2021
  • SSP can only be reclaimed in respect of periods of absence on or after 21 December 2021
  • Claims are capped at £192.70 per employee
  • Claims must be made no later than 24 March 2022.

Self-certification relaxation

Normally, employees can self-certify a sickness absence of up to seven consecutive days.  Where a period off work extends beyond seven days, they are required to provide proof of sickness, often in the form of a fit note from their GP (also referred to as a ‘sick note’).

In order to relieve some of the pressure on GP capacity and free them up for the COVID booster campaign, these rules have been temporarily relaxed. Under this relaxation, from 17 December 2021 until 26 January 2022, employees will be able to self-certify for up to 28 days of absence.

This relaxation will apply to any spell of absence:

  • commencing within that period; or
  • beginning before 17 December 2021, but which was not yet seven days long at that date.