Fit Notes – Your Questions Answered

FIT NOTES – YOUR QUESTIONS ANSWERED

Why do we now have “fit notes” instead of sick notes or medical certificates?

The old sick note system was seen to be in need of modernisation to help address the huge number of employees on long-term sickness absence or incapacity benefits. It is hoped that the new system will encourage employees back to work more quickly and ultimately will reduce the numbers receiving incapacity benefit. 

What is the difference between a fit note and a sick note?

The key difference between the old sick notes and the new fit note is that previously GPs had to say if the individual was, or was not, fit to work. Now GPs can advise that the employee is either:

• not fit for work, or
• may be fit for work taking account of the’ following advice’

It is the second option which reflects the fundamental difference. An employee may have some health problems, but this does not necessarily prevent them from working. If the GP opts for the second option this means their view is that the employee may be fit for work in some capacity.

So, what happens if the GP had said they “may be fit for work”?

The GP should have tried to suggest ways of helping an employee get back to work, outlining on the note the work that the employee can do in spite of their illness. The GP should give advice about the effects of the employee’s health condition and some suggestions about the types of adjustment employer could consider in order to help the employee back to work.

Once in receipt of the fit note with this information the employer should discuss the GP’s advice with the employee. Reasonable appropriate adjustments could include:

• a phased, gradual return to work
• altered hours
• flexible hours
• time off for treatment
• amended duties, and/or
• workplace adaptations

On the fit note the GP should have stated how long their advice will last for. The employer should then agree a return to work plan with any appropriate adjustments in place for a temporary period.

What if it is impractical for the business to make the suggested reasonable adjustments?

In such cases employers should treat the note as a ‘not fit for work’ note. The employee remains on sick leave and the employer pays SSP in the same way.

What do I do if, after a period of adjustment I believe they are able to return to normal duties but the employee doesn’t?

The maximum period a GP can issue a fit note for is three months (reduced from the previous six months). If, after a three month period the employee cannot then return to their normal duties, long term changes may be necessary taking into account the provisions of the Disability Discrimination Act. At this point it may be sensible to contact their GP for a full medical report and get some professional HR support to help resolve the situation.

What do I do if I believe they are fully fit for work?

The fit note does not include the option for GPs to advise an employee that they are fully fit for work. The Government’s view is that it is a myth that an employee needs to be fully fit for work; employees do not need to be ‘signed back’ to work by a GP. If an employer wants a medical opinion stating that an employee is fit for work the employer should request this on an individual basis with the GP.

Does this new legislation affect Statutory Sick Pay (SSP)?

SSP has not changed and remains payable for any sickness absence of four days or more provided that the employee meets the qualifying conditions.

What do I do now?

You should review any absence, return to work and flexible working policies to ensure they are compatible with the fit note system. There should be an appropriate emphasis on returning to work as soon as is practicable. Other documentation which may need checking or amending include standard contract clauses on sickness absence reporting, self-certificate forms, letters inviting an employee to attend a meeting following a period of sickness absence and structures for return-to-work interviews. Line managers should also be trained in the new system.

Source: www.cipd.co.uk

Should you need specific advice relating to any aspect of this please get in touch.