Does work have to pay after positive covid test.

markdchants

My wife started working as a teaching assistant at private school last September, and is still on probation. This last week she has been off work due to testing positive for covid, her work has told her she is not going to be paid for any time off as she is still in her probation period. Should they be paying her company sick pay, which they then claim back from the government, or should they be paying her the minimum of SSP??
Thank you

Jeremy535897

It depends on what her contract of employment says. So far as entitlement to statutory sick pay is concerned, see:
https://www.gov.uk/statutory-sick-pay
https://www.gov.uk/statutory-sick-pay/eligibility

CKhalvashi

As Jeremy states, it will be down to the contract of employment.

For our latest contracts, we will pay SSP only for unvaccinated employees (unless there is medical evidence why someone should not be vaccinated) or full sick pay for vaccinated employees and those for whom a medical exemption applies. This will vary by company.

Andy_L

Employers cannot claim company sick pay back from the government.
The used to be able to claim back SSP  but that was stopped a decade or so ago

sheramber

If they cannot pay her SSP they need to gIve a form SSP1   

If you do not qualify for SSP your employer must send you form SSP1 within 7 days of you going off sick.

https://www.gov.uk/statutory-sick-pay/eligibility

superbigal

Quite common not to get company sick pay until you hit a qualifying period.  Covid is really no different to breaking your leg in this situation.

TBagpuss

Andy_L said:

Employers cannot claim company sick pay back from the government.
The used to be able to claim back SSP  but that was stopped a decade or so ago

Correct, but there is an exemption for Covid SSP, companies with fewer than 250, and which meet the criteria, cn recover SSP for absences of up to 2 weeks due to Covid.