According to the Government, up to a fifth of the UK’s workforce may be off sick during the peak of the coronavirus epidemic. Beyond those who are actually unwell, many people will be required to self-isolate in an effort to stop the spread of the virus.
In Italy, emergency measures are now in place across the whole country including the closure of schools. Whilst there is no suggestion at the moment that UK schools or workplaces might be closed due to the coronavirus, many employees are seeking guidance on their employment rights so they can prepare for any eventuality.
Coronavirus and employment rights
Sick pay
Entitlement to sick pay depends on your employer’s policy but Statutory Sick Pay (SSP) is the minimum entitlement. SSP is available to all employees who earn at least £118 per week. It is paid at a rate of £94.25 per week for up to 28 weeks.
Usually the SSP rules mean that you are not paid for the first three days of absence (known as waiting days) but these rules are to be relaxed as part of measures to deal with the coronavirus.
To make sure you are paid everything you are entitled to, check and comply with your employer’s policies on sickness absence. Usually these will set out the rules for notifying your employer and for providing doctors notes or other medical evidence.
The Government have also announced that they intend to offer financial support to those who don’t qualify for SSP (such as the self-employed or those who earn less than £118 per week).
Pay if you’re self-isolating
Initially there was concern that self-isolating employees who were not actually ill would not be entitled to SSP or employer’s sick pay arrangements.
However, regulations introduced to deal with coronavirus mean that SSP provisions are triggered so that self-isolating under written notice from either a GP or 111 generates an entitlement to SSP.
Employers are being encouraged to interpret their own sick pay schemes in employees’ favour in these circumstances to encourage those who should self-isolate to do so.
The pay position for those who are self-isolating other than under written medical advice is still unclear and this will be a matter for employees to seek to agree with their employers.
Some employees will be able to continue working while self-isolating if their employer allows for remote or home working and their pay will not be an issue in these circumstances.
For further information in relation to pay for self-isolating employees as a result of the coronavirus, please click here.
What if my child’s school closes?
You are entitled to take a reasonable amount of emergency unpaid time off work to take care of your kids if there is unexpected disruption in their normal care arrangements – the closure of a nursery or school as a result of the coronavirus would qualify as an emergency. However, this is not time off to look after the child, but to make alternative arrangements for their care instead. This could prove tricky as there are not likely to be other childcare options available.
Many employers are more flexible though in these circumstances and will allow employees to take holiday at short notice or, if appropriate, to work from home or make the time up.
Employees should seek to discuss these issues with their employer as soon as they arise.
What if my workplace closes?
At the moment, there are no plans to close any workplaces but if there were shut downs then employers are likely to take steps (where possible) to ensure that employees can work remotely and employees will be required to do so and to co-operate in these circumstances.
If a workplace is shut because of one of more suspected or confirmed cases of Covid 19 then it is likely that colleagues may need to self-isolate in any case in which case the pay provisions outlined above will apply.
How Nelsons can help
Laura Kearsley is a Partner in our expert Employment Law team.
For further information on how the outbreak of the coronavirus could affect your employment rights, please contact Laura or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.