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The Statutory Sick Pay (General) Regulations 1982

Changes over time for: The Statutory Sick Pay (General) Regulations 1982 (Schedules only)

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Version Superseded: 26/08/2020

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Regulation 2(1)

[F1[F2SCHEDULE 1] ISOLATION DUE TO CORONAVIRUS

1.  A person is isolating himself from other people in such a manner as to prevent infection or contamination with coronavirus in accordance with this Schedule if he is doing so pursuant to paragraphs 2 to [F35F].

2.  The person has symptoms of coronavirus, however mild, and is staying at home for [F410] days, beginning with the day (“day 1”) the symptoms started [F5or, if earlier, until the end of the isolation period].

3.  The person lives with someone[F6, or is in an extended household or a linked household with someone,] who is isolating himself in accordance with paragraph 2, and that person is staying at home for 14 days, beginning with day 1 [F7or, if earlier, until the end of the isolation period].

4.  The person is staying at home under paragraph 3 and develops the symptoms of coronavirus, however mild, and is staying at home for [F810] days, beginning with the day the symptoms started [F9or, if earlier, until the end of the isolation period].

5.  Where the person is staying at home pursuant to paragraph 4, paragraph 3 no longer applies to that person.

F105A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F115B.  The person—

(a)has been advised by a relevant notification that he has had contact with a person who at the time of the contact was infected with coronavirus, and

[F12(b)is staying at home until the date specified in a relevant notification.]]

[F135C.  The person (P) has tested positive for coronavirus and is staying at home—

(a)for 10 days beginning with the day P first had the symptoms of coronavirus or, if earlier, the day on which P was notified that they had tested positive for coronavirus; or

(b)if P still has symptoms of coronavirus at the end of the period specified in sub-paragraph (a), until P no longer has those symptoms.

5D.  Where P is staying at home pursuant to paragraph 5C,paragraphs 2, 4 and 5B no longer apply.

5E.  The person lives with, or is in an extended household or a linked household with, a person (S) who has tested positive for coronavirus and S is staying at home—

(a)for 10 days beginning with the day (“day 1”) S first had the symptoms of coronavirus or, if earlier, the day on which S was notified that they had tested positive for coronavirus; or

(b)if S still has symptoms of coronavirus at the end of the period specified in sub-paragraph (a), S no longer has those symptoms.

5F.  Where S is staying at home pursuant to paragraph 5E,paragraphs 2 to 5B no longer apply.]

6.  In this Schedule–

“Chief Medical Officer” means—

(a)

the Chief Medical Officer of the Department of Health and Social Care; and

(b)

the Officer with corresponding functions in relation to Scotland and Wales;

“Deputy Chief Medical Officer” is to be construed by reference to the definition of “Chief Medical Officer”; F14...

[F15“extended household”—

(a)

in relation to households in Scotland, has the meaning given in regulation 10 of the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020;

(b)

in relation to households in Wales, means two households in relation to which the adults in those households have agreed to be treated as a single household in accordance with public health guidance;]

[F15“isolation period” means the period ending on the day on which a relevant notification is received advising that the person with the symptoms of coronavirus is not in fact infected or contaminated with coronavirus;]

[F15“linked household” in relation to households in England, has the meaning given in regulation 7A of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020;]

[F16[F17“public health guidance”] means guidance, as amended from time to time, issued by—

(a)

Public Health England;

(b)

the Scottish Ministers; or

(c)

Public Health Wales National Health Service Trust; F18...]

[F19“relevant notification” means a notification in writing sent to, or in respect of, a person by—

(a)

the Department of Health and Social Care;

(b)

Public Health England;

(c)

Public Health Wales National Health Service Trust;

(d)

the Common Services Agency for the Scottish Health Service;

(e)

a person employed or engaged for the purposes of the health service (within the meaning of section 275 of the National Health Service Act 2006 or section 108 of the National Health Service (Scotland) Act 1978);

(f)

any other person employed or engaged by a Government Department or other public authority in communicable disease surveillance; and]

“symptoms of coronavirus” means the recent onset of —

(a)

a continuous cough;

(b)

a high temperature;

(c)

both a continuous cough and a high temperature; or

(d)

any other symptoms of coronavirus as may be specified by the Chief Medical Officer or one of the Deputy Chief Medical Officers in guidance as amended from time to time.]

Regulation 2(1)

[F20SCHEDULE 2SHIELDING DUE TO CORONAVIRUS

1.  A person is, for the purposes of this Schedule, to be regarded as shielding himself where he is shielding himself in such a manner as to prevent infection or contamination with coronavirus pursuant to paragraph 2.

2.  The person—

(a)is defined in public health guidance because of an underlying health condition—

(i)in England and Wales, as clinically extremely vulnerable and therefore at very high risk of severe illness from coronavirus;

(ii)in Scotland, as at the highest risk of severe illness from coronavirus; and

(b)has been advised by a shielding notification sent to, or in respect of, that person in accordance with that guidance, to follow shielding measures for the period specified in the notification.

3.  A person to whom paragraph 2 applies is no longer to be regarded as shielding himself—

(a)immediately after the end of the period specified in the shielding notification;

(b)from the date specified in a further shielding notification sent to, or in respect of, the person, advising him that he need no longer shield himself from that date.

4.  Nothing in paragraph 3 prevents the person from again being regarded as shielding himself if a further shielding notification is sent to, or in respect of, the person advising the person that he needs to shield himself for the period specified in the notification.

5.  For the purposes of this Schedule—

“Chief Medical Officer” and “public health guidance” have the same meanings as in paragraph 6 of Schedule 1;

“shielding notification” means a notification in writing sent to, or in respect of, a person by any person or body who may send a relevant notification by virtue of paragraph 6 of Schedule 1 or by—

(a)

the Chief Medical Officer;

(b)

the Scottish Ministers; or

(c)

the Welsh Ministers.]

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