Your business and swine flu

Statutory sick pay and swine flu

Since the start of the swine flu pandemic, no changes have been made to the existing rules and arrangements for medical certificates, self-certification and the payment of statutory sick pay (SSP).

Self-certification and medical certificates

As an employer, the decision on whether or not evidence of illness is required, and if so, what evidence is acceptable, ultimately rests with you.

You cannot ask for medical evidence (including medical certificates) for the first seven calendar days of illness. During this period employees self-certify.

However, after the self-certification period, you are entitled - but not obliged - to ask for reasonable evidence of the employee's incapacity for work in order to decide whether or not to pay SSP. HM Revenue & Customs does not require medical statements to support claims for the Percentage Threshold Scheme (see below) or for compliance checks.

While you might normally ask for a medical certificate after the self-certification period, bear in mind that:

• other forms of evidence are equally acceptable
• if you do ask for other forms of evidence, this will reduce the burden on GPs during the swine flu pandemic

Nevertheless, GPs have a duty to provide a medical certificate for SSP to a patient whom they have clinical responsibility for at that time. However, they must:

• only issue a medical certificate if they have examined a patient on that day or the previous day
• be able to make an adequate assessment of the patient's fitness or non-fitness for work

Where a patient has previously been assessed as having swine flu - either by the National Pandemic Flu Service, or their GP - and has been advised to stay at home while ill, a GP may, at their discretion, issue a medical statement after a telephone consultation. This is for the doctor to decide and depends on their clinical care of the patient.

Adapting sickness policies and procedures to reduce the burden on GPs

You could consider:

• extending the self-certification period for your employees, eg from seven to ten calendar days 
• using your occupational health staff to contact those off sick with flu-like symptoms to satisfy themselves that the individual is ill and unable to work

If you operate an occupational sick pay scheme, you should consider adapting its terms and conditions as well. 

Note that an employee does not need a medical certificate to show they are fit for work after any period of illness.

Possible changes to the self-certification rules

The government is considering possible measures to reduce pressure on GPs, protect public health and minimise the risk of further spread of swine flu.

One option is to lengthen the period of self-certification beyond the current seven days. If this is adopted, it would extend the period during which an employer would be prevented from requiring an employee to provide a medical certificate.
 
Such a measure would only be implemented for a limited time and only if absolutely necessary. Any decision to change legislation would be based on scientific advice and surveillance data.

The payment of SSP

Remember that in addition to your employees, agency and other temporary employees are entitled to SSP from the first day of their contract, provided they satisfy all the other eligibility criteria.

You may be entitled to some help with the costs of SSP through the Percentage Threshold Scheme (PTS). This scheme helps employers get back some of the SSP they pay out if they experience high levels of sickness absence in any given month. Swine flu absence is the type of situation that PTS was designed to help with. 

For more information about SSP, see our guide on how to understand statutory sick pay when paying it.

Subjects covered in this guide

• Introduction
• Transmission of the swine flu virus
• Protecting your employees from swine flu
• Dealing with staff who have swine flu
• Business continuity planning and swine flu
• Working time and other legal issues if your business is affected by swine flu
• Statutory sick pay and swine flu
• Business insurance policies and swine flu
• Swine flu advice for specific business sectors

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