If an employee is self-isolating to prevent infection or contamination with coronavirus disease, in accordance with guidance published by Public Health England, NHS National Services Scotland or Public Health Wales, they are now deemed to be incapable of work for SSP purposes under new regulations (Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020) which came into force on 13 March 2020.

A further amendment on 17 March 2020 ensures that this applies to the guidance as updated on 16 March 2020 (Statutory Sick Pay (General) (Coronavirus Amendment) (No. 2) Regulations 2020).

As previously highlighted, the government has announced that it will bring forward measures so that this applies from the first day off work and that the usual three waiting days necessary before SSP is payable should not apply. It has recently indicated that it will legislate so this measure applies retrospectively from 13 March 2020. Further, the government has announced plans to reimburse small employers with fewer than 250 employees any SSP paid to employees for the first 14 days of sick leave to help mitigate the impact of the coronavirus for smaller businesses.

There will be further announcements as to how businesses and workers can be supported during this period, and we will keep you up to date with developments.