To ask the Minister for the Economy whether those returning to Northern Ireland from travel to a country on the quarantine list, and are required to self-isolate for 14 days upon return, are eligible for (i) Statutory Sick Pay; and (ii) Contractual Sick Pay from their employer.

Sick pay entitlement varies from job to job as there are different sick pay schemes in operation.

(i) Statutory Sick Pay

Statutory Sick Pay is paid to employees, who are unable to work due to sickness, at a flat rate of £95.85 for up to 28 weeks. In order to qualify for payment an individual must be classed as an employee, have worked for their employer, have been ill for at least 4 days in a row (including non-working days) and earned an average of at least £120 per week. They must report that they are sick in advance of their employer’s deadline or within 7 days if the employer has not set a deadline.

A number of amendments have been made to Statutory Sick Pay in response to the COVID-19 pandemic and these include:

• extending eligibility to those who need to self-isolate for medical reasons to protect others,

• temporary removal of the three day waiting period meaning that where an eligible individual is sick or self-isolating due to COVID-19 Statutory Sick Pay will be available from day one,

• providing for those who have been advised by the Regional Agency for Public Health and Social Well Being that they have had contact with a symptomatic person or who have tested positive for COVID-19, and should therefore stay at home and self-isolate as a result.

No specific provision has been made for those who have chosen to travel to countries on the quarantine list and who are required to self-isolate on their return home, but depending on their personal circumstances they may be able to claim Universal Credit.

Additionally, anyone who finds themselves in a crisis situation can apply for financial assistance with short-term living expenses from the Discretionary Support Scheme which is available to employed earners whose income does not exceed £20,404.80 per annum.

(ii) Contractual Sick Pay

Many employers offer Contractual Sick Pay schemes that are more generous than the legal minimum (Statutory Sick Pay). The options available to individuals in these circumstances will depend on the terms of their employment contract.

Details of an employer’s sick pay entitlement should be included in a written statement of employment particulars. If an employer does not offer a scheme, the written statement should say so.

An employer can offer any scheme that does not fall below the legal minimum. If an employer does not have a company sick scheme, then an individual will be

paid, if they qualify, Statutory Sick Pay (SSP). As highlighted above, this would not include a situation where an individual is self-isolating after entering or returning to the UK and does not need to self-isolate for any other reason.

Further information on employer responsibilities and employee rights concerning sick pay can be found at https://www.nidirect.gov.uk/articles/sick-pay-rights.

Employees who believe they have been unfairly treated, or their terms of contract breached, may be able to complain to an Industrial Tribunal. Anyone who finds themselves in this position may wish to consider contacting the Labour Relations Agency - Workplace Information Service on 03300 555 300 for confidential and impartial information.

In addition, the Law Centre NI provides free, independent, specialist legal advice (subject to capacity) on employment rights. The Law Centre can be contacted on their advice line on 028 9024 4401 or by email: employmentadvice@lawcentreni.org.