Date 1 April 2010
If you are dealing with employee sickness absences at the moment, then from the 6th April you will receive the new “Statement of Fitness for Work Certificates” or “Fit Notes”.
The aim of the Fit Notes is to establish a default position that employees are fit for work and long term sickness absence is an exceptional circumstance.
So if you receive a 'Fit' Note, what are the main changes and what are your obligations as an employer?
Current MED 3 Sick Note
- Options were either that an employee was unfit to work and the cause OR maybe fit for some work but provided no advice on the type of work or any adjustments
- Employers would often have to seek occupational health referrals for more detailed information
New Statement of Fitness for Work Certificates
- No longer only one option of 'unfit for work'; employee is either not fit for work OR maybe fit for work taking account of advice (see below)
- Four choices to help return to work; phased return to work, amended duties, altered hours, workplace adjustments
- Also space for GP to comment further
- Maximum duration of Fit Note will be reduced from 6 to 3 months in the first 6 months of the health condition
- Inference that employee is fit once period on note expires unless new note presented
- Option for GP to confirm whether further assesment needed
Where you receive a Fit Note with suggested amendments you will have to reach a decision as to whether these are practical and reasonable.
You are not bound by the advice given if you cannot reasonably make the adjustment(s) suggested. You must still be aware of disability legislation and obligations to make reasonable adjustments. In practice the position will therefore not have changed dramatically.
There are concerns as to the accuracy and usefulness of the Fit Notes. GPs may take a low risk approach, relying heavily on the employee’s perspective of proposed adjustments. The GP will also not have any knowledge about the employer’s business, the individual’s day to day role and risks involved.
Action points
1. Communication
Ensure direct and regular communication with the GP once you receive a Fit Note. For example, as best practice, if you decide any proposed adjustments are not reasonable/practical communicate this directly to the GP. The GP can take this into consideration when reviewing the sick note, otherwise you risk that they will simply repeat the same adjustments.
2. Paper trail
Record the business reason for point 1 above.
3. Review
Sickness absence policies should be reviewed. If you receive a Fit Note with adjustments, there is an increased likelihood you can negotiate a sensible compromise with the employee to facilitate their prompt return, without the need to refer to occupational health.
4 Training
Staff responsible for day to day management of sickness absence must understand what they need to do when presented with a Fit Note to ensure it is effectively used.
Contact us
If you would like more information, or advice relating to a specific matter, please contact Nikki Petken on 01727 798023 or by email at nikki.petken@salaw.com.
© SA Law 2010
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