July 20, 2020
Are employees paid for the period of self-isolation after travel? Can employees claim SSP for the self-isolation period after travelling?
There are a lot of questions around employees travelling to other countries now that we are moving further out of lockdown. Employees do not get Statutory Sick Pay (SSP) when they self-isolate after travelling.
The government guidance is clear. This is undoubtedly to disincentivise people from travelling to those countries which might be “unsafe” during this pandemic but also where people choose to put themself in this position the government are making it clear that they will not reimburse companies for this.
What are the options for employers?
This would involve members of staff using an extra two weeks’ equivalent of annual leave, having returned from their travels. This is a big reach for some employees and may exhaust their year’s entitlement so they may be reluctant to do so.
However, it would mean that those employees remain fully paid during their continued isolation. It would also lessen some employers’ ongoing concerns that employees are accruing large amounts of annual leave through this year due to lockdown and cancelled holidays throughout 2020.
This is a clear option for employers, as in some ways the extended isolation is a form of unauthorised or unprecedented leave for which there is no obligation to pay.
This may not be financially viable, for employers as there is an increased cost in covering absent staff. That does not mean it’s not possible, but it’s worth considering whether the unpaid leave might damage morale. This could be combined with a holiday to reach a happy medium.
Work from home
This is an obvious option where it is possible, as employees can continue to be paid in full whilst in their isolation, as well as continuing to contribute to the workplace, rather than having extended time away from the business. This is provided the employee does not have any symptoms.
If those employees have already been furloughed before, then they could well be furloughed once again for the isolation period. This would mean employees would receive 80% of their salary. However, there is no obligation on employers to do this, it would be purely a goodwill gesture. Also, as the contributions from employers increase from August, they may be more reluctant to furlough.
Can employers ask employees not to travel?
This is still unclear, but it is likely that employers could request that employees don not travel to certain countries for health and safety reasons. We would advise that employers make it clear to all employees, right now, that if they do travel, what the company’s position in terms of pay and whether they can homework upon their return. There should be a clear company policy and statement on what is expected for employees including, perhaps, not travelling to certain countries in the first place or requiring employees to check with managers before they book any travel which requires isolation.
What if those employees later show symptoms or become unwell?
At this point, those employees should follow government guidance and perhaps will be required to isolate for longer than the 14 days. Where they are required to isolate for longer than the initial 14 days, they can get sick notes or isolation notes from 111, and will then be eligible for SSP.
As we move back towards “normality” employers are increasingly trying to find their feet with the new rules. We’re always here to support employers, and our HR packages on fixed monthly fees mean that we are always on hand to answer these kinds of questions as soon as they crop up, without having to worry about increasing costs. Please do get in touch with us at 0161 667 3686 and we will be happy to quote for our HR support or to answer one-off enquiries as they arise.