Burnetts Bitesize Bulletin

Temporary extension to SSP sickness self-certification requirements

Employees can now self-certify sickness absences for the first 28 days, as part of temporary Government measures to assist GP’s to focus on the COVID-19 Booster programme.

Prior to the temporary measure, employees that were eligible to receive Statutory Sick Pay (SSP) could only self-certify sickness absences of up to 7 days, following which a ‘Fit Note’ was required by a medical practitioner.

The change has been implemented to allow GP’s across the country to prioritise the Government’s promise to allow every adult in the UK access to the COVID-19 Booster vaccine before the end of 2021. Fit notes will still be required if the sickness absence lasts longer than 28 days.

The new ‘Statutory Sick Pay (Medical Evidence) Regulations 2021’ specifies that although the change takes effect from 17 December 2021, it applies to any absence on or after the 10 December 2021 up to and including absences starting before (or on) 26 January 2022.

The extended 28 days period will revert back to 7 days on or after 27 January 2022, however this will likely be extended depending on the success of the COVID-19 Booster programme.

Employers should be wary of this recent change and ensure that employees are now allowed to self-certify for up to 28 days. Demanding medical evidence when it is not required may amount to a breach of mutual trust and confidence and open employers up to potential claims.

If you require any advice and support on this please contact our Employment & HR team at sr@burnetts.co.uk or on 01228552222.