Over the past few weeks, we have seen more adjustments to eligibility for statutory sick pay to address the pandemic, as well as amendments to the way pay during statutory leave is calculated for furloughed staff.
Shielded employees and SSP
On 16 April, eligibility for Statutory Sick Pay was extended by new regulations. They amend the SSP regime so that, with effect from that date, people who are “defined in public health guidance as extremely vulnerable and at very high risk of severe illness from coronavirus because of an underlying health condition” can claim SSP for the period during which they are shielding in line with that advice.
Like the March SSP amendments (which extended eligibility to those who are self-isolating because they or someone in their household has coronavirus symptoms) this is done by deeming such people “incapable” of work for the purposes of the SSP regime.
The deemed incapacity route means that a shielding employee in receipt of SSP will not necessarily be regarded as incapable of work for the purposes of any contractual sick pay or as on sick leave for the purposes of the Working Time Directive. The correct approach in relation to pay and holiday entitlement for shielding employees will therefore depend on the interaction between relevant contractual terms and the employer’s obligations under health and safety legislation, as well as current public health guidance.
Statutory leave and the CJRS
It has not always been clear how furloughing staff under the Coronavirus Job Retention Scheme will impact on existing employment rights, since the Scheme has been implemented without any changes being made to the UK’s basic employment framework. However, a month into the Scheme we now have some regulations which address the entitlement of furloughed staff to earnings-related statutory maternity pay and similar statutory benefits, including maternity allowance and statutory adoption pay.
The aim of the new legislation is to protect the entitlement of furloughed staff to earnings-related benefits during periods of statutory leave, so they are based on their pre-furlough salary. This will protect staff whose employers do not top up the grant under the Scheme, calculated at 80% of normal pay, where the reference period for calculating their statutory pay falls during a period of furlough.The regulations came into force on 25 April.
Other changes in the pipeline
The Coronavirus Act 2020 introduced some significant employment-related measures, but not all of them came into force immediately. The Government has now published a quick reference guide, so that you can see at a glance what provisions are in force. Those on emergency volunteering leave are among a number of measures that have not yet been brought into effect.