The Statutory Sick Pay (Medical Evidence) Regulations 2021 came into force on 17 December 2021.
As of this date, the Department for Work and Pensions (DWP) and HM Revenue & Customs (HMRC) introduced new rules enabling any employee to self-certify for 28 days. Employees can normally self-certify sickness absence for the first seven days. However, now for a temporary period, they can self-certify for 28 days.
This change has been introduced to reduce the burden on GPs whilst they roll out vaccinations and boosters in the fight against Covid 19. However, the impact on employers could be vast.
In normal circumstances, employees eligible to receive statutory sick pay are not normally required to provide their employer with medical evidence to support sickness absence for the first seven days of absence. But for longer periods of absence, they must obtain medical evidence (a fit note) from their GP.
From 17 December 2021, employees who were/are absent on or after 10 December 2021, up to and including absences that begin on or before 26 January 2022, a GP note will no longer be required.
Employees will be expected to notify their employer of ongoing sickness and payment can be withheld for days they have not been notified of, but not for late presentation of medical evidence.
The self-certification period will revert to seven days for absences beginning on or after 27 January 2022.
What should you do?
- Revisit any sickness absences which commenced from 10 December 2021 onwards and ensure you are not requiring medical evidence until after 28 days have passed.
- Inform relevant employees of the update and remind them of their obligations after 28 days have passed.
- Put the end date of 26 January 2022 in your diary. Unless the regulations are extended, revert to the usual rules on medical evidence from this date (save with any ongoing absences which occurred before 26 January 2022 but after 17 December 2021).
- Be sure that you do not require workers to provide a sick note (statement of fitness for work) for an absence of seven days or more as you may normally have done and, you must not penalise workers for not providing this evidence before 28 full days of absence.
- Penalising staff for not providing a sick note before 28 days may have significant risks, the worst being claims such as discrimination arising from a disability and unfair dismissal etc.
- Continue to manage absence as you usually would i.e., continue to require an employee to follow absence reporting procedures.
- Continue to conduct welfare meetings with employees within those 28 days if appropriate.
The legislation does not prohibit medical reports or occupational health reports from being requested. Therefore, this should not have implications on beginning or continuing with a fair medical capability process.