SSP: eligibility of employees

New regulations have been made to provide clarity for employers around eligibility of individuals for SSP. Employees who are self-isolating or shielding in accordance with official guidance, and are unable to work as a result, may be eligible for SSP. The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) (No. 2) Regulations, SI 2020/681 provide that shielding individuals will continue to be eligible for SSP where they meet up with others outside of their household in line with the easing of lockdown restrictions.

The regulations also provide that an individual does not have to serve ‘waiting days’ for a period in self-isolation, where they self-isolated for less than the required seven or 14 days while waiting for a coronavirus test result and where that result came back negative. This is an important clarification for employers so that SSP can be paid from the first qualifying day rather than having to wait until the fourth qualifying day. The regulations came into force on 6 July 2020.