The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 6) Regulations 2020 came into force on 26 August 2020.
These extend entitlement to Statutory Sick Pay (SSP) to those persons who have been advised to stay at home for a period of up to 14 days before being admitted to hospital for the purpose of undergoing a surgical or other hospital procedure. To qualify for SSP in these circumstances, the individual must have received a written “pre-surgery notification”, usually sent by or on behalf of a registered medical practitioner, and they must also self-isolate in accordance with the advice.
If an employee is able to work from home during this period of self-isolation, they should receive their normal pay.
An employee’s entitlement to contractual sick pay in these circumstances depends on the wording of their employment contract. For example, if their employment contract entitles the individual to enhanced sick pay in all circumstances where they qualify for SSP, they would be entitled to enhanced sick pay during a period of imposed self-isolation prior to a hospital procedure. Inclusion of this wording is unusual and most employment contracts provide for payment of enhanced sick pay only where the individual is unable to work because they are incapacitated due to sickness or injury. In these circumstances, where the individual is fit to work during the imposed period of self-isolation, they would not be entitled to receive enhanced sick pay.
Sarah Taylor