Statement of Fitness to Work aka 'Fit Notes'
The Government has announced that changes are to be shortly made to the way in which employees are ‘signed off’ work. In essence, new ‘fit notes’ will replace the old ‘sick notes’ as the focus shifts to looking at what an employee may be able to do at work rather than what they cannot do.
The Current Position
Currently, if an employee is going to be off work for more than seven days, their employer will normally ask for a ‘sick note’ from their doctor. A ‘sick note’ must be signed by a doctor, such as the employee’s GP, to say that they are unfit to carry out their job. If, however, their doctor believes that the employee is able to return to work then they would issue a ‘sick note’ that states that the employee is ‘fit for work’.
The New Position
The Government’s announcement will see the introduction of ‘Fit Notes’ which will allow doctors to advise people, who are on sick leave for more than seven days, on whether, with extra support from their employer, they could return to work earlier. It goes without saying that doctors can still advise employees who are unwell that they are ‘not fit for work’ but there will be an option on the new ‘fit note’ for doctors to expand on the employee’s illness or injury and how it may impact on their ability to work. It is hoped that by reintegrating employees with longer term illness back into the workplace sooner this will aid them in their recovery.
‘Fit Notes’ will also allow doctors (by ticking the relevant boxes) to suggest common ways in which an employer may facilitate an employee’s return to work. For example, they may include a recommendation that the employee works different hours temporarily; does different duties or tasks; or, is given other support to do their job such as, for example, if they have back pain, being able to avoid heavy lifting.
The introduction of ‘fit notes’ is intended to take effect from 6th April 2010 when it is expected that the (Social Security (Medical Evidence) & the Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010) will come into force.
Implications for Employers
The new changes to the format of ‘sick/fit notes’ should bring some benefits for employers in encouraging a more detailed assessment of options that could allow a quicker return to work. Managing sickness absence is a challenge for many employers and it is hoped that with the introduction of ‘fit notes’ this will ensure that the new form is practical and provides simple helpful ‘fitness for work’ advice so that, where possible, the employer can facilitate an earlier return to work for the employee.
It remains to be seen how widely the new options on the fit note will be used by General Practitioners.
It is important that employers note that the ‘fit note’ is not binding on them. It will provide employees and employers with better information and greater flexibility to manage sickness absence. In some cases, however, it may not be practical to make the changes necessary to support an individual in an earlier return to work.
Please note that employer’s obligations to pay statutory sick pay and make “reasonable adjustments” under the Disability Discrimination Act 1995 will not change.
Further Information
For further information on the issues raised in this ezine, please contact Alun Thomas, Alan Glazer or your usual contact within the Employment Team.
