Up to a fifth of the UK’s workforce may be off sick during the peak of the coronavirus epidemic, according to the Government.
In order to restrict the spread of the virus, people are being asked to self-isolate if they have visited certain areas of the world recently, even if they aren’t displaying any symptoms.
Self-isolation means remaining indoors in one place for 14 days and avoiding contact with other people, e.g. not going to work or school, or visiting public areas.
Below we’ve outlined what this means for employees – and whether they can expect to be paid for their absence during the quarantine period.
Will I get paid if I’m not at work due to self-isolation?
The Government has suggested that employees should be paid for absence for self-isolation, however, usually sick pay (statutory or otherwise) is only available when someone is actually ill or incapable of doing their job.
However, if you have written notice (a sick or fit note) from your GP or 111 that you should self-isolate, this should satisfy the requirements for statutory sick pay and any employer scheme that mirrors the statutory requirements.
If you’re not unwell, you may be able to work from home. But if this isn’t an option – for example, you work in a shop, hotel or factory – you will be entitled to sick pay, as per Government advice.
Prime Minister, Boris Johnson, has confirmed that workers will get SSP from the first day off work, not the fourth, to help contain the coronavirus. Statutory sick pay (SSP) is available to those who are employed and earning at least £118 a week. The current rate of SSP is £94.25 per week and can be paid for up to a maximum of 28 weeks for the days employees usually work. It’s up to your employer – and should be set out in your contract – as to whether you’re paid more than SSP.
However, if you haven’t visited any of the areas the Government has identified as being affected or at risk and you decide to self-isolate as a precaution without a sick note or written notice, there is no statutory right to be paid if you aren’t sick or displaying symptoms. People who are prevented from working because of a risk to public health are able to claim universal credit.
Will I be paid if I have to care for someone else?
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.
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.
Should my employer be contacting me while I’m self-isolating?
There is no rule to say that your employer shouldn’t contact you when you’re off sick to discuss any work issues. In fact, employers are under a duty of care to check in with those who are absent. Regular contact with your boss during the quarantine period will also help to ensure a smooth return.
How Nelsons can help
Laura Kearsley is a Partner in our expert Employment Law team.
For further information on the laws regarding self-isolation and work, please contact Laura or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.