There have been some temporary changes to the absence reporting rules put in place by the government, although your client’s employee does appear to have miss-understood the new rules.
Usually, employees can only self-certify their absence for the first 7 days of sickness, after which a fit note from their doctor is needed. On 17 December 2021, however, the government updated its guidance on sickness absence reporting. As a temporary measure, employees who go off sick on or after 10 December 2021, up to and including 26 January 2022, do not need to provide proof of sickness until they have been off for 28 days or more.
Self-certification forms for absence can and should be asked for and accepted for the first 28 days, after which employers can expect a fit note as normal. The change does not negate employers’ responsibility to conduct regular welfare meetings; all other aspects of the absence management process should remain as usual.
It is also worth noting that employees with absences relating to Covid-19 (e.g. those who test positive or are told by NHS Test and Trace to isolate) can still be asked to provide evidence of this via a positive test result confirmation or official isolation request.
This change is in light of the exceptional pressure placed on GPs in managing the government booster rollout, and as such it is highly unlikely employees will be able to obtain a medical note before the time the guidance says.
Your client should be careful to make it clear to staff that this is a temporary measure only and not a permanent change to the sickness absence notification procedure. They may be concerned that employees will use this change to their advantage and claim sickness for longer periods than necessary. If not already in place, it is highly recommended to have a thorough return to work process in which the sickness absence is discussed in detail and documented to assess for future patterns and possible evidence of inappropriate use of the sickness procedure.
Whichever route your client chooses, they must ensure they get consent to avoid unlawful deductions of wages. This means, either a pre-agreed clause in a contract or getting agreement now. Otherwise, they could have even more issues to deal with.
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