In response to the ongoing COVID-19 pandemic and the sharp rise of the Omicron variant, the Government announced, on 17 December 2021, a temporary change to the Statutory Sick Pay (Medical Evidence) Regulations 1985.

The Government has introduced a brief extension to the length of time that employees can self-certify for without providing medical evidence (i.e., a fit note from a GP) from 7 days to 28 days. The move is in direct response to the COVID-19 booster rollout which relies on GPs being available to support this.

For any sickness absences which began on or after 10 December 2021, up to and including 26 January 2022, GPs will not need to provide employees with medical evidence of sickness, such as a fit note, for the first 28 days of absence.

Any period of sickness absence beyond 28 days (including non-working days) will require a fit note. Employers may want to remind employees of the need to continue to comply with any absence reporting requirements in place at their workplace/in their contracts in light of this change.

Eligible employees are entitled to Statutory Sick Pay (“SSP”) where they are too sick to work. The cost of this is currently £96.35 per week for up to 28 weeks (SSP is reviewed each April). Employees who are unable to attend work as they are self-isolating because of COVID-19 should obtain an ‘isolation note’ from NHS 111 to ease the pressure on GPs.

For employers that provide enhanced sick pay, often referred to as Company Sick Pay (“CSP”), a fit note will often be required after a set number of days. Employers will need to consider whether their CSP policy allows them to accept other evidence or what evidence it will require in the alternative during this period and take care to ensure that any approach is applied in a non-discriminatory way.