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Should PIW be applied on linked non Covid period?

Should PIW be applied on a linked period when 2nd bout was not Covid-19 related?

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An employee was off sick with a Covid-19 related sickness so no PIW was applied.
She returned to work for a week and then went off sick again with a non-Covid19 related issue.

The periods of sickness are linked but as the 2nd bout of sickness was not covered under the Covid19 emergency rules should a PIW be applied to the 2nd bout of sickness?

I realise that normally a linked period would take no notice of the reason for sickness but should the same logic be applied when one is covered by the emergency measures and the other is not?

 

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By Matrix
29th Jun 2020 12:21

What is PIW please?

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By [email protected]
30th Jun 2020 10:25

Sorry. PIW is Period In Waiting. The normal rules for SSP is that the period of incapacity has to be 4 days or longer and the first 3 days are classed as waiting days so no payment is due for those.
The emergency regulations for Covid19 overrode those regulations so that if the illness was Covid19 related then you didn't apply the PIW and you paid from day 1.
Normally if a subsequent period of incapacity is within 8 weeks then the periods are linked and you don't apply the PIW to the second period.
The emergency rules were brought in for the Covd19 related sicknesses but ONLY for them.
The employees 2nd bout of sickness was not Covid19 related so my question is should the PIW be applied.
If it had been the other way round and the employee had the non Covd19 related sickness first the PIW would have been applied.
When running our payroll we have to tick whether the incapacity is Covd19 related - if yes, it doesn't apply the PIW, if no, it applies it. We applied the PIW to the 2nd bout of sickness and the employee is disputing that we should have.
Uncharted territory!

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By Matrix
30th Jun 2020 13:06

I would rely on my software then. The harder part is dealing with the employee. Maybe get the employer to make the decision on whether it is worth battling over given it will be hard to get legislative proof. Unless you ask the software company where they got the rules.

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By [email protected]
30th Jun 2020 14:12

Thanks - will give it a go

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