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SSP – Temporary changes to medical evidence requirements

United KingdomScotland
21/12/2021
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To qualify for statutory sick pay (SSP) eligible employees must provide their employer with evidence of incapacity to work where requested. Employers cannot require employees to provide medical evidence in respect of the first seven calendar days’ absence for the purpose of administering SSP with employees typically providing self-certification in respect of this period.

Under regulations that came into force on 17 December 2021, however, the period in respect of which employers are precluded from requiring medical evidence has been extended temporarily from seven to 28 days. In practice this means that an employee can self-certify in respect of an absence of up to 28 days that starts at any time during the period 10 December 2021 to 26th January 2022 (inclusive). The changes are also reflected in updated government guidance.

These regulations seem likely to have been implemented to ease pressure on GP practices to enable them to focus on issues resulting from the Omicron variant and the fast-tracked booster programme.

Employers should take note of the changes and adapt their policies in the short term at least; as with other pandemic related measures a further extension cannot be ruled out. Employers should also consider their approach to enhanced sick pay policies and whether they will align medical evidence requirements for enhanced pay with those for SSP.

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