Number of days over which employees are not required to provide medical evidence of sickness absence for SSP purposes extended from seven to 28 days

New statutory instrument issued to help free up GP time to prioritise Covid-19 vaccine booster programme

New regulations have been issued in relation to the number of days over which employees are not required to provide medical evidence of sickness absence for statutory sick pay (SSP) purposes.

In force from 17 December 2021, the Statutory Sick Pay (Medical Evidence) Regulations 2021 (SI.No.1453/2021) modify the Statutory Sick Pay (Medical Evidence) Regulations 1985 to increase the period that an employee is not required to provide medical information in respect of any spell of incapacity for work from seven to 28 days.

The new regulations provide that the modified time limit applies to spells of sickness that start during the period 17 December 2021 to 26 January 2022 or which commence prior to the regulations coming into force but which have not lasted more than seven days on that date (as the requirement to provide medical evidence will not have arisen at that point).

Confirming that the measure is intended to free up GP capacity to support the coronavirus vaccine booster programme announced by the Prime Minister on 12 December 2021 in response to the rapid spread of the Omicron variant, the explanatory memorandum to the regulations explains that -

‘Given this context, the regulations only apply for a short time to provide the necessary support to medical professionals. Given this is a strictly time limited measure with a clear end date, any impact on employers or businesses should be minimal.’

SI.No.1453/2021 is available from legislation.gov.uk