COVID-19 and time off

These are unprecedented times. This guide will help you understand your rights to pay and time off during COVID-19.

The self-isolation guidance should be followed regardless of the results of any COVID-19 antibody testing or vaccination. 

Self-isolation and annual leave

If you work in the NHS, or for organisations providing commissioned services for the NHS, UK governments have agreed that if staff need to self-isolate in line with the official stay at home guidance, they will be entitled to special leave on full pay. This special leave should be recorded separately by your employer and it will not affect your entitlements to annual leave, or to your entitlements to carers’ leave or special leave set out in your employers’ local policies. It is possible that staff will require more than one period of self-isolation. Government guidance makes clear that self-isolation will not be discouraged, and the arrangements above will apply to each period of self-isolation.

Sickness and annual leave

If you work in the NHS and you are off sick with COVID-19,  it will not affect your entitlements to annual leave. See our section on sick leave within this guide.

Will my entitlements to annual leave change during the COVID-19 pandemic?

No. Existing contractual and statutory entitlements to annual leave and holiday pay will continue to apply throughout the COVID-19 pandemic. The only change relates to the carrying over of unused statutory annual leave. The government has amended the Working Time Regulations, which means that workers will be entitled to carry over any unused statutory holiday entitlement for two years.

If you have taken annual leave and have not been paid your normal holiday pay, you need to raise the issue with your employer and ask the reason for this in writing. If need support, contact us on 0345 772 6100.

All workers, wherever they work, have a right under the Working Time Regulations to at least 28 days paid annual leave a year (pro rata for part time staff). This is the equivalent of 5.6 weeks of holiday but can include public holidays.

The RCN expects employers to protect the health, safety and well-being of all health and care staff during the emergency period. This includes ensuring that nursing and other health care staff can take paid annual leave, as well as being able to take rest periods and breaks during shifts. If you work in the NHS, please see the NHS Staff Council statement on annual leave during COVID-19.

The RCN is calling on all health and care employers to put in place appropriate arrangements which ensure that: 

DHSC guidance for England also reminds employers that they should give the appropriate statutory notice to cancel annual leave and consider whether compensation is appropriate for any out of pocket expenses that a staff member may incur as a result of cancelling their holiday plans. 

If your line manager is trying to cancel your annual leave, raise the issue with your HR Department or a more senior manager and ask the reason for this in writing. If you need further support, contact us on 0345 772 6100. 

The RCN recognises the importance of time away from work for rest and recuperation and therefore encourages our members to utilise their annual leave entitlement, where possible, within the current annual leave year. This should be mutually agreed between staff and managers, in line with local policies. 

If you are unable to take your annual leave due to service pressures, you may be able to carry over some of your annual leave allowance. Please see the government guidance for more information. 

If you work in the NHS or NHS commissioned services please also see the information below:

England 
Northern Ireland
Scotland
Wales

Self-isolation

The governments across the UK have issued stay at home guidance for households with possible COVID-19 in n England, Northern Ireland, Scotland and Wales. It applies to health care workers as well as the general public.

In accordance with this guidance, people must self-isolate if they have symptoms or live with someone who does. If you are not supported by your employer to remain at home as per the guidance, inform your manager in writing that you are following UK government guidance and need to stay away from work. 

You should request adjustments to be made for you to work from home if you are well and it is possible/appropriate. Advise your employer that your will return to your workplace after your period of self-isolation, depending on the circumstances, in accordance with government guidance. Contact us on 0345 772 6100 if you need support.  

Sickness

Your employer has a duty of care to you and should take a supportive and collaborative approach during this difficult time. Risk assessments should be undertaken on your return to work and local occupational health should be involved.

If you are experiencing difficulties with your employer, contact us on 0345 772 6100.

It is important to note that diagnosis of Long COVID is not dependent on having had a positive test for COVID-19.

I was off sick with COVID-19 for 5 weeks during the first wave in May 2020 and received full COVID-19 sick pay including my enhancements for this time. I returned to work in July working part time for a couple of weeks. By the beginning of November I had to go off sick again as I was suffering from extreme muscle pain and chronic fatigue. My GP told me it was probably “Long Covid” and advised that I rest. I can’t afford to be off any longer as my employer is only paying me Statutory Sick Pay and what savings I had have run out now.  What should I do?

Firstly you should check your contract and employer's sick pay policy – this should outline your rights and entitlements. If you work in the NHS, your employer can treat this period of absence in the same way as it did for the original one so that you can receive full COVID-19 sick pay. The situation should be the same for primary care employers too, as funding is available to them for COVID-19 related absences. If your employer refuses to treat your absence this way please contact your RCN rep and ask what local agreements have been made – they may be able to challenge the situation.

If you have evidence that you caught COVID-19 in the course of your work you may be able to claim Injury Allowance (NHS employment only) or Industrial Injuries Disablement Benefit from DWP. If you believe your employer was in some way negligent, perhaps because you weren’t supplied with adequate PPE, you may be able to make a legal claim for personal injury compensation. This is not easy and requires a high level of evidence. Speak to your RCN rep or ring RCN Direct for more information 

I’m off with Long Covid, will this count towards sickness triggers? 

The RCN expects employers to ignore absence due to COVID-19 when looking at absence management triggers or thresholds. For those working in the NHS this is clearly outlined in the official Health Department guidance:

• England
• Wales
• Scotland (please see guidance on COVID special leave)
• There is no official statement for Northern Ireland but our expectations remain the same.

Your employer may want to meet with you to discuss the support you require, your rehabilitation and return to work, however we would not expect this to stray into formal capability proceedings.  If you are informed that you are now subject to formal absence management, speak to your RCN steward for support or call RCN Direct (0345 772 6100)

I have been asked to claim ESA from the job centre as part of my COVID-19 pay is this right? What is the process?

If you have been receiving Statutory Sick Pay during your time off work with COVID-19, you will need to claim Employment Support Allowance from DWP when your SSP runs out.  SSP can be paid for a maximum of 28 weeks in any one period but will be reduced if you have any time off sick immediately prior to this period.

How does COVID-19 pay affect my pension? 

In the NHS, COVID-19 sick pay or absence pay will be regarded as a regularly occurring payment and so is pensionable.

I am off with Long Covid but my GP has put my reason for being off as related to a pre-existing condition, can I change this and should I? 

The reason for absence on a Fit Note is usually a matter agreed between the GP and the patient. It would be advisable to discuss this with your GP because if your condition can be linked to exposure to COVID-19 in the workplace you may be entitled to additional financial support.

Can I be dismissed if I’m off work for a long time with COVID-19?

The RCN expects all health and social care employers to give maximum support to any staff who are absent due to COVID-19,  this should includes financial as well as employment support.  However, if, after taking medical advice, it appears unlikely that a staff member will be able to return to work in the future it is not automatically unfair for their employer to seek to terminate their contract. This can be complex area so you should seek support from your RCN rep or by calling RCN Direct on 0345 772 6100

Following Long Covid I think I’m ready to return to work, what support can I expect?

As with any long-term illness/absence, your employer should discuss the best way for you to return to work in advance of your return. They may wish to seek advice form an Occupational health adviser or from your GP via advice on your Fit Note. It can be helpful for you to go into any discussions with suggestions which can be implemented to enable you return to work successfully. In the NHS, most employers will have an Absence Management Policy that outlines the process they will follow. All NHS organisations should follow, as a minimum, the guidance outlined in Annex 26 of the NHS Terms and Conditions of Service handbook which describes the requirement for early intervention and consideration of rehabilitation and redeployment. This also includes a requirement for phased return on full pay for an agreed length of time before staff are expected to utilise their annual leave if their hours are still reduced.

The Society of Occupational Medicine has published some helpful guidance on return to work following Long Covid.

My manager is disputing my need for time off with Long Covid what can I do?

Your fitness to work is a matter between you and your GP and is described in your Fit Note. However, legally this is only “advice” to an employer, and they may wish to take further medical advice, for example from an occupational health specialist. HM Government advice to employers states the following: 

“You can choose to give this other evidence precedence over the advice in the fit note. Your employee may disagree with you, and you may need to demonstrate to an employment tribunal why the alternative source of evidence was more acceptable to you than the fit note.”

This should be discussed in any absence management meeting and you may wish to take someone with you as support. Speak to you RCN rep or ring RCN Direct on 0345 772 6100 for further advice. 

What other support is available?

We have a closed Facebook group for members affected by COVID-19 where you can give and receive non-professional support. You will need your RCN membership number to join the group. Please also note that you are joining for support with Long COVID.

The RCN is aware of a national pilot being led by NHS Test and Trace in a limited number of trusts in England. The pilot is evaluating the safety of staff returning to work early/immediately where they have been made aware of the need to self-isolate.

The RCN is in local and national discussions over the individual and organisational implications of the pilot for members.

We would stress that any return to work under this pilot should be wholly voluntary. Please seek advice from RCN Direct on 0345 772 6100 if you are considering returning to work under the pilot.

The governments across the UK have issued stay at home guidance for households with possible COVID-19 in England, Northern Ireland, Scotland and Wales. It applies to health care workers as well as the general public.

The Coronavirus Act 2020 came into force on 25 March 2020 and consequences of non-compliance are severe. Individuals risk a criminal record and substantial fines and, if registered with the NMC, the possibility of sanctions including being prevented from continuing to work as registered nurse.

Contact tracing arrangements are variable across the four nations of the UK, further information is available from NHS Test and Trace England, Health Protection Scotland, Public Health Wales, or Public Health Agency in Northern Ireland.

Exposure to COVID-19 at work

The UK government guidance COVID-19: management of staff and exposed patients or residents in health and social care settings provides advice on the management of staff, and patients or residents in health and social care settings according to exposures, symptoms and test results. This guidance was written by Public Health England (PHE) primarily for English health professionals. The information states that this guidance “should be considered alongside local risk assessment and local polices – these are guiding principles and there may need to be an individual risk assessment based on staff circumstances, for example for those working with individuals who are immunocompromised.” Check your local policies and government guidance for more information.

Your line manager/employer or agency should remain the first point of contact if you are unsure whether you are fit to work.

COVID-19 symptoms

The governments across the UK have issued stay at home guidance for households with possible COVID-19 in England, Northern Ireland, Scotland and Wales. It applies to health care workers as well as the general public and it is clear that you must self-isolate if you have symptoms or live with someone who does, or if you fall into a category where self-isolation is recommended.

Your line manager/employer or agency should remain the first point of contact if you are unsure whether you are fit to work.

You must continue to follow government advice on isolation and treatment and should seek advice from your employer, your GP or NHS 111 if you are unsure.

The RCN has called on UK governments to ensure that health and care staff do not suffer any financial detriment or loss of pay for being away from work in order to protect public safety.  
Please be aware that this advice does not apply if you are self-isolating due to travel. Please see our travel section.

NHS staff self-isolation pay 

If you work in the NHS you should receive full pay, inclusive of all enhancements when self-isolating in line with the official stay at home guidance. This means you should be paid what you would have otherwise earned if you were not in isolation, including any pay enhancements, such as unsocial hours. 

If you’re unsure, speak to your employer to find out what reference period they will be using to calculate your ‘normal’ pay. In the NHS, this should be in line with section 13 of the NHS terms and conditions handbook (annual leave and holiday pay). Please see the NHS employers FAQs on pay for more information. 

If you work for an outsourced service or an organisation providing commissioned NHS services in England, you will also be entitled to full pay when self -isolating. If you are unclear about this, check with your employer. Also, check your employers’ local policy for any reference period. 

For more information on pay when self-isolating, see guidance issued by governments from across the UK here.

Independent sector self-isolation pay

We expect all other health and care employers to pay their staff full pay during COVID-19 related absences.

If you are self-isolating (apart from reasons relating to travel) and have not been paid your normal full pay, you need to raise the issue with your employer and ask the reason for this in writing. You can use this template letter to email or write to your manager asking for full pay for your COVID-19 related absence. This should be done before contacting the RCN for further advice. 

If you have your employer’s written response (or they haven't responded within a few days) and you haven’t been able to resolve the issue, you should raise your concerns with your local RCN representative directly or by contacting RCN Direct on 0345 772 6100. 

Bank workers self-isolation pay

If you are an NHS bank worker, you will be entitled to full pay when self-isolating in line with the official stay at home guidance (apart from reasons relating to travel).

In England and Scotland, you should receive full pay based on a “look back” approach, using a reference period of work previously worked or on the work you had booked prior to going into self-isolation. Where employers are paying self-isolating bank workers on a “look back” approach, they are encouraged to use the reference period with section 13 of the NHS terms and conditions handbook (annual leave and holiday pay). Check the bank’s policy for more information. 

In Wales, if you need to self-isolate you will be paid for any booked shifts which need to be cancelled.

NHS Professionals

NHS Professionals should be following the same approach as NHS banks. For more information, see the NHSP FAQs. 

Agency workers self-isolation pay 

The RCN is clear that all health and care staff including agency workers should not experience any financial detriment due to COVID-19 related absences. If your isolation is related to travel, please see our travel section.

In the first instance please speak directly to the agency about their policy in this situation. You should also ask what, if any, arrangements will be made to pay agency workers during periods of COVID-19 related self-isolation.  

You may also want to consider joining your local NHS bank or taking a fixed term contract during the COVID-19 pandemic to ensure you are entitled to full pay if you need to self-isolate. 

If you are told that you will not receive any pay for a period of self isolation, please see our section on Statutory Sick Pay (SSP) below.

Shielding is a measure to protect extremely vulnerable people by minimising interaction with others.

The situation around shielding is complex as the governments across the UK are easing or imposing restrictions at a different pace. Find the latest guidance below:

England

Please see the government's guidance on shielding and if you work in the NHS, please see the NHS employers guidance supporting our most vulnerable people. 

Northern Ireland

Guidance for 'clinically extremely vulnerable' and 'vulnerable' people and updated government statement outlining the proposed changes from 12 April 2021. 

Scotland

Shielding advice and support.

Wales

Shielding extremely vulnerable people.

Shielding and pay

The RCN believes that it is vital that health and care staff do not suffer any detriment or loss of pay for being away from work in order to protect public safety. Therefore, the RCN expects all health and care employers in the UK to ensure that when staff are shielding in accordance with national public health guidelines, they must be paid their normal pay and not suffer any detriment. This includes all health and care staff - regardless of who their employer is, or what type of health or care service they work in.

If you work within the NHS, please refer to the NHS employers guidance supporting our most vulnerable people. 

Speak to your employer about any concerns you have. If you feel that you are being disadvantaged or you are being placed at risk, please contact RCN Direct on 0345 772 6100 for further advice. 

Shielding and vaccination

Please see our COVID-19 and vaccination advice guide and the sections on refusal and returning to work.

Shielding and your role (protecting others you care for)

If you are a carer and cannot continue in your role whilst also caring for a vulnerable individual who has been instructed to shield, you should discuss this with your line manager. They may be able to redeploy you.

An employee who lives in the same household as someone who is shielding may also be eligible to be furloughed under the government scheme. Speak to your manager and call us on 0345 772 6100 if you need support.

I am due to return to work after a period of time shielding. What should my employer do to keep me safe?

Shielded workers are at increased risk of severe illness from COVID-19 and should not return to work until shielding requirements are lifted. Even after these dates, vulnerable staff working in health and care environments may still need to work from home in order to keep them safe.

In advance of any potential return to work, your employer must carry out both an individual and workplace risk assessment to look at your role, your individual risk factors and the environment you may be working in. Please see our guidance on individual risk assessments for more information. 

Your employer should not be calling you into work to do a risk assessment, a discussion should take place over the phone/online. As part of the risk assessment, your employer may want to look at redeployment to areas where the risk of exposure is very low or continue with home working. It is natural to feel anxious when being asked to return to work after a long period off, so the RCN would expect your employer to be empathetic and listen to your concerns, offer support for your mental health and look at issues such as risks from travel to work and a phased return as part of the risk assessment.

If you have a disability, your employer will also need to follow the requirements of the Equality Act and make reasonable adjustments. If you are pregnant and have been shielding, your employer must take this into account when reviewing your pregnancy risk assessment. If the employer cannot put the necessary safety measures in place such as adjustments to the job or working from home, you must be suspended on full pay.

If you are concerned about the results of the risk assessment then please speak to you RCN workplace representative or call RCN Direct on 0345 7726100. You may also want to speak to your GP or consultant.  

All employers must take measures to make workplaces COVID-19 secure including taking all reasonable steps to maintain a two metre social distance in the workplace and having robust cleaning and hygiene measures in place.

The Society of Occupational Medicine has some useful information to support staff when they return to work. Please also see our risk assessment guide along with information from NHS People and NHS Employers.

COVID-19 sickness and sick leave entitlement

If you are covered by NHS terms and conditions of service, any COVID-19 sickness would fall under a new full pay temporary entitlement. The length of any COVID-19 sickness absence will not impact on your existing sickness entitlements and you will be paid full pay during any the COVID-19 sickness absence.  

If you do not work for the NHS, check your employer’s policy for more information about sick leave and COVID-19.

Returning to work after COVID-19 sickness absence

Follow any local sickness management procedures and any local and national infection control requirements before returning to work after COVID-19 sickness absence. You should also check the government guidance on recovery and self-isolation.

Fit notes (sick notes) for any COVID-19 sickness absence

The latest process regarding fit notes can be found at NHS 111 online. 

Sick pay

See our sick pay section within this guide.

Risk assessments

See our guide on individual risk assessments.

The RCN has called on UK governments to ensure that health and care staff do not suffer any financial detriment or loss of pay for being away from work in order to protect public safety.  

NHS staff COVID-19 sick pay

If you are off sick with COVID-19 you should receive full pay inclusive of all enhancements for any COVID-19 related sickness absence, regardless of your length of service and sick leave entitlement. This means you should be paid what you would have otherwise earned if you were not on sick leave, including any enhancements such as overtime. Your sick pay will be calculated in line with section 14 of the NHS terms and conditions handbook – based on your pay during the previous three months at work including enhancements (known as the reference period).

Your NHS employer may use a different reference period that has been agreed locally. If you’re unsure, speak to your employer to find out what reference period they will be using.

If you are off sick with COVID-19 and you work for an outsourced service or an organisation providing commissioned NHS services, you will also be entitled to full pay on COVID-19 sick leave. You will need to check your employer's policy for any reference period.

Independent sector COVID-19 sick pay

If you work in the independent sector and you have taken COVID-19 related sick leave and have not been paid your normal pay, you need to raise the issue with your employer and ask the reason for this in writing. This should be done before contacting the RCN for further advice.

Use this template letter to email or write to your manager asking for full pay for your COVID-19 related absence. If you have your employer’s written response (or if you have written and have not received a response) and you haven’t been able to resolve the issue, you should raise your concerns with your local RCN representative directly or by contacting RCN Direct on 0345 772 6100. 

NHS staff bank worker COVID-19 sick pay

If you are an NHS bank worker, you should in the first instance speak directly to your bank about any arrangements for sick pay during the pandemic. The RCN is calling on governments across the UK to ensure that all health and care staff including bank staff receive full pay, as if they are at work, during any COVID-19 related sickness absence.

In Scotland, the government has asked Health Boards to offer bank workers without part-time contracts fixed-term contracts to help manage staffing levels for COVID-19, and to offer them security and stability. This would mean they would be entitled to full pay during any COVID-19 related sickness absence. Find out more here.   
 
NHS bank workers and those on zero hours contracts in England, Wales and Northern Ireland may also want to consider requesting a fixed term contract during the COVID-19 pandemic to ensure that they to qualify for sick pay and other NHS national terms and conditions. 

Agency worker COVID-19 sick pay

The RCN are clear that all health and care staff, including agency workers, should not experience any financial detriment due to COVID-19 related absences. The RCN has raised concerns with the government that agency workers providing services to the NHS will not have any income protection during periods of sick leave, beyond statutory sick pay (SSP) in most cases. We are also calling on employment agencies to ensure that agency workers do not suffer any financial detriment if they are unable to work shifts because they are self-isolating. 
 
In the first instance please speak directly to the agency about their policy. You should also ask what, if any arrangements will be made to pay agency workers during periods of self-isolation or sickness absence. 
 
If you do not have a contractual right to sick pay, please see the government guidance on SSP. You may also wish to look at our advice on sick leave.

NHS employers suggest agency workers may also wish to consider joining their local NHS bank during the COVID-19 pandemic to ensure they are entitled to full pay for cancelled shifts if they need to self-isolate. 

Support funds for social care workers

Please see:
England: Adult Social Care Infection Control Fund: round 2
Northern Ireland: Questions and answers for HSC staff
Scotland: Coronavirus (COVID-19): social care staff support fund guidance
Wales: COVID-19 statutory sick pay enhancement scheme

If you are employed by the NHS, COVID-19 sickness absence should not trigger any local sickness absence management procedure that results in formal action being taken against you.

Your employer's policy may indicate an assessment of your needs at a certain point but this should be a supportive step rather than one that leads to any formal capability procedure. If you are unsure, check your local policy and contact us for advice. 

If you are not employed by the NHS, you should check your employer's policy.

Contact us on 0345 772 6100 if your employer is taking any formal action against you due to COVID-19 related sickness absence. 

Background

Governments from across the UK have issued guidance on the provision of education and childcare during the COVID-19 outbreak, which includes who is identified as key workers for the purposes of on-going educational provision (where relevant).

Time off

If you need to take time away from work to care for your child, your employer should be as supportive and as flexible as possible. You could explore working flexibly or working from home, or you could seek to agree a temporary change to your working hours. It is essential that any changes like this are agreed and evidenced in writing, along with any impact on your pay.  

You should also check your employer’s policy around carer’s leave, so that you’re clear on what you’re entitled to and how you are to be paid if you take this type of leave.

The RCN believes that you should not lose pay as a result of needing to look after your children when school provision is not available. 

England

Coronavirus (COVID-19): education and childcare
NHS Employers guidance for staff whose children need to self isolate or are affected by school closures (please see the section on caring commitments)

Scotland 

Coronavirus (COVID-19) guidance: education and children

Northern Ireland

Coronavirus (COVID-19): advice on schools, colleges and universities
Questions and answers for HSC staff

Wales

Education and childcare: coronavirus
Frequently asked questions for managers and staff (please see information at question 28)

Delay with medical procedure

If you are covered by NHS terms and conditions, your entitlements to sick pay are set out in section 14 of the NHS handbook. If you are not covered by NHS terms and conditions, you should check your contract and/or your employer’s sick pay policy. The RCN believes that you should not experience financial detriment due to the impact of COVID-19 on your scheduled treatment or surgery. We are therefore lobbying for all health and social care employers to be sympathetic to the hardship reduced sick pay may cause to staff, to use their discretion and recognise that the length of absence has been increased through the unique circumstances of COVID-19, and to consider paying full pay as part of a COVID-19 related absence. Where possible, they should also prioritise or fast track staff treatment.

The RCN offers support to all members on long term sick leave and can provide representation at formal meetings. Please call us on 0345 772 6100 if you need further help.

Needing to self-isolate for medical procedures

The RCN believes that you should not experience financial detriment due to the impact of COVID-19 on your scheduled treatment or surgery. 

If you work in the NHS, or for organisations providing commissioned services to the NHS, you should receive full pay, as if you had been at work, for the period of self isolation. This should be recorded as COVID-19 absence in line with local policies. The period of absence for your procedure should be recorded as sickness absence in the usual way. Please also see the following: 

England: NHS employers
Northern Ireland: Questions and answers for HSC staff
Scotland: NHS Scotland 
Wales: NHS Wales employers

If you work for a non NHS employer, you should explore the options with your employer (such as working from home). Otherwise you should be paid your usual contractual entitlements for COVID-19 and sickness absence.

Please also see the sections on homeworking and self isolation-pay.

Please see Travel advice: coronavirus (COVID-19) Guidance for British people travelling abroad during the coronavirus pandemic.

If you are coming into the UK for the first time, or returning to the UK, you must follow the government guidance Coronavirus (COVID-19): how to self-isolate when you travel to the UK. Please note, there are different rules for Scotland, Wales and Northern Ireland (see links to relevant guidance from the UK government page). The guidance is constantly under review and may change at short notice.

If you cannot go to work due to COVID-19 (because you need to self-isolate or for childcare reasons), your employer should work with you to look at different options such as working from home. 

If you are self-isolating, but are otherwise well enough to work, you should agree with your line manager whether working from home is possible. Your line manager should consider the work that can be done remotely, and organisations should consider developing/updating their local homeworking policies.