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Company Sick Pay / Furlough?

Hello,

I can see on the Government website states the following:

'If you’re on sick leave or self-isolating because of coronavirus (COVID-19), speak to your employer about whether you’re eligible - you should get Statutory Sick Pay (SSP) while you are on sick leave or self-isolating, but can be furloughed after this.'

Does this mean under these special circumstances people are only eligible for SSP? There is a lot of conflicting information and I appreciate things are changing regularly, however I assume if employees would normally be eligible for Company Sick Pay during a period of absence, then this is what would be paid? However if we would normally furlough someone / group of people, which takes priority? I would imagine most companies would have a preference to furlough then potentially pay people full pay.

Many thanks

Lucia

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  • I have an employee who was on part-time furlough leave doing 2 /5 days per week. Now gone on sick as we only pay SSP as requested to stay on furlough. Also said employee has raised a grievance that needs to be heard.
    What advice would you give around the request to stay on Furlough ?
  • Hi Lucia

    I think that what this is getting at is that the person can be paid SSP or furlough pay but cannot be paid both at the same time.So if someone is off sick and getting SSP, then you would put them on furlough when the sickness ends. If someone is already on furlough and goes sick, you would have to take them off furlough to pay them SSP

    With your occupational sick pay, you set the rules of your own scheme and it is up to you what to pay. In all the guidance, the government has no problem with employers paying people over and above their furlough pay, only with someone getting two different types of statutory pay. So getting SMP and furlough pay is also barred.
  • In reply to David:

    Hi David

    I can't remember seeing anything about grievances not counting as work. We know that online training is compatible with being on furlough. A court decided that giving evidence at court was not incompatible with being on furlough - I can't remember the parties.

    If the employee has already gone sick, I'd be inclined to say he can only go back on furlough when his sickness has ended and he is no longer being paid SSP. he may then make a super-speedy recovery ... ...