The Government has issued new guidance for employers seeking to reclaim Statutory Sick Pay (SSP) and has confirmed that the on line portal for applications will be available as from 26 May 2020. The guidance can be found here.
The scheme will be limited reclaiming SSP paid to employees unable to work either because they:
- have coronavirus symptoms;
- cannot work because they are self-isolating as they live with someone who has coronavirus symptoms; or
- are categorised as clinically extremely vulnerable and have a letter from the NHS or a GP advising them to stay at home (this is referred to as ‘shielding’ and further guidance is available here.
Reimbursement of SSP from the Government will be limited to employers with fewer than 250 employees as at 28 February 2020 and a maximum of up to two weeks’ SSP may be claimed. Further any claim must be limited to periods of sickness on or after 13 March 2020 where the employee had coronavirus symptoms or was self-isolating (living with someone with symptoms), or on or after 16 April 2020 where an employee was shielding.
For employers who authorise an agent to complete their payroll services, the agent will be able to claim on the employers behalf.
The Government has also specified that employers must retain records for three years following receipt of payment for any SSP claim which suggests that companies may be put through an audit process over that period and if the entitlement was not properly paid, some repayment will be required.
To review our previous Covid-19 related updates, please click here.
If you aren’t receiving our legal updates directly to your mailbox, please sign up now
Please note that this blog is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of this blog.
Edwin Coe LLP is a Limited Liability Partnership, registered in England & Wales (No.OC326366). The Firm is authorised and regulated by the Solicitors Regulation Authority. A list of members of the LLP is available for inspection at our registered office address: 2 Stone Buildings, Lincoln’s Inn, London, WC2A 3TH. “Partner” denotes a member of the LLP or an employee or consultant with the equivalent standing.