Q: Section 3 of the declaration for the leave support scheme only talks about paying staff their Ordinary wage. Some of my clients have claimed the leave support scheme for sick staff, and they are then using the staff members’ entitlement of sick leave to pay them. Is this correct? Or should they use special/covid leave and leave the staff members’ sick leave balance as is?

A: An employer cannot use an employees SL unless the employee request it to be used.  The leave support scheme is about paying the employee while on leave so it should be used first.  The employee may ask to use SL (if they are sick or caring for a person that is sick that’s depends on them).