Fit notes to replace sick notes
by Rachel Spencer from Sandy Adirondack legal update (Advice Service Manager)
11 May 2010
From 6 April 2010, sick notes saying an employee is not fit for work will be replaced with computer-generated fit notes saying the person is either not fit for work, or "may be fit for work taking account of the following advice". A third option, certifying that the employee is fit for work, is not being included, because of widespread concern that GPs would not know enough about particular jobs to know whether the employee is fit to do them. The purpose of the fit note is to facilitate a return to work, by listing options such as a phased return to work, changes in duties and/or hours, or workplace adaptations, and by encouraging discussion between the GP and employee and between the employee and employer. Proposals for a longer list of options, including an option that the employer refer the employee to an occupational health consultant, have not been included in the final regulations. If a change or adaptation is agreed, it should be for a clear period and should be kept under review [not 'until you feel more able to do more' but 'for three weeks and then we will review it']. During the first six months of a health condition, the maximum period for a fit note is three months. After the first six months, the fit note can be for 'any clinically appropriate period'.
The Department for work and Pensions guidance, Statement of fitness for work: A guide for employers, with a summary of the rules, case studies and frquently asked questions, is at
www.dwp.gov.uk/docs/fitnote-employerguide-guide.pdf
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