It has long been established that employees may self-certify their sickness absence for 7 days, after which they must provide medical evidence to confirm that they are not fit for work so as to confirm entitlement to Statutory Sick Pay (SSP). During the COVID-19 pandemic, the DWP and HMRC introduced new rules enabling any employee to self-certify for a period of 28 days – meaning employers could not request proof of incapacity for work, for that 28 day period.
The extended 28 day self-certification period was limited to periods of incapacity for work which started between 10th December 2021 and 26th January 2022.
The aim of these changes was to reduce the burden on GPs whilst they rolled out vaccinations and boosters in the fight against Covid, however, the impact on employers was vast. Employees had to continue to notify their employer of ongoing sickness and payment can be withheld for days they had not been notified of, but not for late presentation of medical evidence.
For advice on specific situations and the application of SSP rules, please speak to your legal advisory team.
