In the Sick of it

Employers vent frustration over 14-day quarantine for those returning from overseas, as UK lockdown’s financial risks start to bite

by Ethar Alali

Small business employers are worried about the government’s new proposals for the introducing of mandatory 14-day quarantine periods for travellers, that could see many employees with international holidays booked and overseas caring responsibilities unable to return to work.

Whilst there has been some discussion about the use of leave for those 14 days, which would see employees with 28 holiday entitlements lose half, in reality, this is neither a situation for employees to concern themselves with, nor employers.

SSP is one Answer

Mechanism to provide pay during a quarantine have existed in UK law since the Statuatory Sick Pay (General) Regulations were passed on 1982. The Coronavirus Act 2020 did not change the relevant provision in section 2.1(b). It’s only relevance being to update the period in which SSP is claimable, in favour of the employer. Allowing them to classify employees as sick in accordance with the standard provisions, from the first day of sickness. Meaning that SSP entitlements are available to the following:

• High-risk individuals on lockdown
• Those with caring responsibilities for those who are in high-risk groups
• Those subject to measures of environmental or public health control, including lockdowns and quarantine in the case of infectious disease

So, overall, employers have a process to follow:

1. Employees are allowed to use their leave according to policy
2. For those taking advantage of international travel and upon their return, are subject to quarantine, they should obtain a relevant signed medical certificate to indicate this, as they normally would for any sickness

At that stage, they have everything they need to support a claim for statuatory sick pay on behalf of their employee.

A Note on Furlough: is it another answer?

Furloughing an employee who comes back from holiday and is held in quarantine, is only currently another option. This is already used for those told to Self-isolate. However, this will have to last 3 weeks as a minimum and only applies while the employee retention program does. Meaning the employee must remain on furlough for another week after their quarantine ends. While the official position is still that employees must use SSP, the employee retention scheme does provide another option in the event the employee would otherwise have to be made redundant. It also provides employees with more money than SSP allows. Albeit that its temporary.

Obviously, the choice between the two depends on how the company is doing and of course, when it happens. If the employee retention scheme ends, the decision is made for employers.

They should seek professional advice if they’re not sure.