Statutory 'sick pay' update

Government increases self-certification period allowed from seven to 28 days

A woman with a high temperature

Employers should be aware that employees can now self-certify sickness for up to 28 days. This is an increase from seven days.

It is understood that this is a short-term measure by the Government to relieve the burden on GPs, and only applies to periods of sickness starting before (or on) 26 January 2022.

Employees will now need to attend a GP for a ‘fit note’ if they have been ill for more than 28 days and have taken sick leave. This includes non-working days, such as weekends and bank holidays.

Read the regulation in full:

The Statutory Sick Pay (Medical Evidence) Regulations 2021

“Regulation 2(1) of these Regulations modifies the Statutory Sick Pay (Medical Evidence) Regulations 1985 to provide that an employee shall not be required to provide medical information in respect of the first 28 days of any spell of incapacity for work. Regulation 2(2) limits the application of this modification to spells of incapacity for work which either start during the period 17th December to 26th January or which commence prior to the Regulations coming into force but which have not lasted more than 7 days on that date (and hence the requirement to provide medical evidence has not yet arisen).”