Test and Trace – Self Isolation

Test and Trace – Self Isolation

The government have today introduced regulations to provide that those told to self-isolate under the new test and trace regime will be permitted to claim Statutory Sick Pay for the ensuing two week period.

In answer to the question “Can an employee come back before two weeks if they want to/feel ok/can’t afford to stay at home?” the answer is that to allow such a return is not advisable, both in terms of social responsibility, but also and more importantly to satisfy the employer’s duty to provide a safe working environment for other staff.

SSP paid to someone who is self-isolating or shielding runs from day one of the illness or isolation, and not day 4. It can be claimed back, including if the employee is self-isolating under the new test and trace regime, but this is subject to a two week maximum. So, if an employee was absent with symptoms in April and received two weeks SSP and has now been instructed to self-isolate for two weeks, they’ll be entitled to SSP for this second period of self-isolation. However, it will not be possible to reclaim this second two weeks back.

We do not yet know what proof employees will be able to provide as to their instruction to self-isolate, but suspect that this will become self evident.

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