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Entitlement to Statutory Sick Pay during self-isolation for Covid-19 amended

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Update correct as at 6 August 2020

The Statutory Sick Pay (General) (Coronavirus Amendment) (No.5) Regulations 2020 came into force on 5 August 2020. They extend the entitlement to Statutory Sick Pay from 7 to 10 days where an individual self-isolates because they, or someone they live with, tests positive for coronavirus.

This amendment comes following Public Health England’s (PHE) updated guidance on 31 July 2020 increasing the minimum self-isolation period from COVID-19 from 7 to 10 days.

PHE’s updated guidance provides that, however mild the symptoms, employees must stay home for a minimum of 10 days from the date the symptoms began, and for longer if a high temperature persists.

A positive test result, irrespective of whether a person has symptoms, requires a period of 10 days self-isolation from the date of the positive test, and a further 10 days from the date any symptoms appear, if later.

If someone in the same household has symptoms of COVID-19 or tests positive, they must stay at home for 14 days from the date the first person became ill or tested positive.

It goes without saying that employees should notify their employer as soon as possible so that employers can make the necessary arrangements for cover.

Provided the statutory sick pay eligibility criteria are met, employees complying with PHE’s self-isolation requirements will be eligible for Statutory Sick Pay in line with the Regulations.

This update is correct as at 6 August 2020. However, the situation is changing rapidly. Therefore, you should seek legal advice at the relevant time on your specific circumstances.

Please contact a member of our Employment Team for employment law advice or assistance on issues relating to COVID-19.

Please note that this information is for guidance only and should not be regarded as a substitute for taking full legal advice on specific facts and circumstances.