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Sickness Self-Certification Period Extended for Employees

Last week, in response to what he described as an “Omicron Emergency”, the Prime Minister announced a substantial increase to the Covid-19 booster programme target, which now aims to offer a booster to all eligible adults by the end of the year. In an attempt to achieve this ambitious objective, GPs’ surgeries have once again been requisitioned by the Government for use in administering jabs to the population en masse. Consequently, in an effort to free up GPs’ capacity to accommodate this significant additional workload, temporary new rules have been introduced in relation to employee sickness absence self-certification.

From 17 December 2021, and until 26 January 2022, employees will be able to self-certify in relation to sickness for a period of up to 28 days, rather than the usual seven days. However, for any sick leave that began prior to 10 December 2021, a fit note will still need to be provided for any period of illness lasting longer than seven days. This new measure is an attempt to prevent GPs from having to deal with “trivial” enquiries for fit notes at a time when their capacity is already stretched to breaking point.

It remains the case that, during the 28-day period of self-certification, statutory holiday entitlement will continue to accrue and employees must also be allowed to carry over into the next holiday year any holiday that was untaken as a result of a period of sickness absence.

Accordingly, during the short time that this extension is in place (albeit, it may be extended), employees should not be required to provide fit notes in respect of periods of self-certified sickness absence from work, which commenced after 10 December 2021, before 28 calendar days have elapsed. During the period of sickness absence, employers should continue to maintain contact with the employee to an appropriate level, as they normally would. Both employers and employees will also need to be aware of any provisions contained within the contract of employment that may govern periods of sickness absence as such provisions may continue to apply.

If you have any questions about the change to the fit note requirement, please email or call our Employment Law team today on 0113 207 0000.

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Paul Kelly

Partner and Head of Employment
Employment Law
PKelly@LawBlacks.com
0113 227 9249
@PaulLawBlacks
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Paul Kelly Blacks Solicitors LLP
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