Fit Notes Not Sick Notes

Purpose

‘Fit Notes’ became a legal requirement on 6 April 2010.

A new Medical Statement of Fitness for Work (or ‘Fit Note’) has replaced the ‘sick note’ to help more people stay in work rather than drift into long term sickness. To help more people get this support the new Fit Note system will allow doctors to advise whether an employee is fit enough to return to work and what can be done to achieve this earlier than would usually be the case.

The government stresses that this is not ‘about getting people back to work before they are ready but about removing the challenges to them returning’ and an approach that is based on the principle that ‘work is good for health’.

What changes and what stays the same?

Same

1. The Fit Note is not needed until after the 7^th day of sickness.

2. The requirements for payment of Statutory Sick Pay have not changed

3. Obligations under the Disability Discrimination Act remain unaltered

Changes

1. Option for doctor to advise if an employee may be fit for work with certain support

2. No ‘fit for work’ option, instead the doctor will indicate whether the employee is not fit for work or may be fit for work taking into account certain factors.

3. Doctor to suggest ways for employer to help a return to work.

‘May be fit for work?’

What are the employer’s duties and responsibilities if the Fit Note shows the employee as fit enough to return to their job but only provided certain changes are made to the way the employee performs their role?

The doctor can indicate on the form various things the employer can do to help the return to work, including:-

a phased return to work (e.g. gradual increase of working hours or of work intensity)
altered hours (e.g. to avoid rush hour or to attend treatment during work hours)
amended duties (e.g. removing heavy lifting or reducing more pressurised aspects of the job) and
workplace adaptations (e.g. reducing the need for stairs for those with mobility problems)

There is also a comment section where doctors can add their opinion on what would further aid the return to work. The Fit Note will state the period of time the advice covers - the maximum duration being 3 calendar months.

The Fit Note is not binding and it is the employers choice, after discussion with the employee, as to what changes can be made. If the employer concludes that the recommended changes cannot be made then the employer will confirm its decision with the employee and the Fit Note will have the effect of stating ‘not fit to work’ - the employee does not need a new note to confirm this. If the employee does not agree with the changes proposed by the employer the guidelines suggest that consulting an occupational health specialist may be beneficial.

It is also important to consider other legislation when considering or making any changes to a role, in particular the Disability Discrimination Act where the obligations for an employer remain unchanged.

For further information, please contact:
Mark Dent, Partner and Head of Employment Law
Direct Line: 020 7299 9263
Email: mdent@pcblawyers.com