The situation in relation to coronavirus is rapidly evolving and things are changing every day. After laying emergency legislation on 12 March 2020, the government then pushed through a secondary piece of legislation on 16 March 2020.
The initial legislation lay the ground for anyone in self-isolation due to potential infection of COVID-19 to be deemed as being ‘incapable for work’. This new legislation came into force from 13 March 2020 and will be applicable for an eight-month period, up until 13 November 2020.
The second piece of legislation was published on 16 March 2020, to come into effect from 17 March 2020. The key difference between the two items was that the government guidance on 16 March advised individuals to self-isolate for a period of 14 days but before that point, the instruction was to self-isolate for seven days. The secondary legislation allows for the 14-day period of self-isolation.
The Department for Work and Pensions (DWP) has also published updated guidance in relation to ‘coronavirus and claiming benefits’. Within the guidance, it states:
“If you cannot work due to coronavirus and are eligible for Statutory Sick Pay, you will get it from day one, rather than from the fourth day of your illness. DWP intends to legislate so this measure applies retrospectively from 13 March 2020.
Statutory Sick Pay will be payable if you are staying at home on Government advice, not just if you are infected by coronavirus. This will apply from 13 March 2020.”
There has been much confusion relating to when the rules relating to SSP being paid from day one as opposed to day four would be applicable from, but this latest piece of guidance gives pretty much concrete confirmation that it took effect from 13 March 2020.
At the point of writing, the legislation relating to SSP being paid from day one, and any regulations relating to the fact that employers with less than 250 staff can reclaim up to 14 days’ worth of SSP for coronavirus related absence per employee, are yet to be seen. As soon as there are any further updates for payroll professionals to be aware of, the CIPP will update its members via News Online.
Source CIPP 17-03-2020