The ‘fit note’ has arrived
April 12, 2010
This month sees the arrival of long-debated new legislation and HR practice around employee sickness absence. The ‘fit note’ has replaced the previous ‘sick note’ from 6th April 2010.
The difference in this new note is that instead of stating that the employee is simply unfit for work full stop, the GP could instead indicate that the employee ‘may be fit for work’, meaning that he/she could be able to carry out some tasks, and with adjustments made by the employer, could attend work.
Adjustments that may be recommended include changes to working hours, different tasks or returning to work over a phased period. It is then up to the employer and employee to decide if this is reasonable. If the employer is not able to make the recommended adjustments, then this should be reviewed again after an agreed period of time.
The employee may decide that they are unable to return to work, even with the GP’s recommendations. The employer will have to meet and discuss this with the employee to see if a solution can be found. The employer may need to get further advice from occupational health.
GPs will still be able to declare an employee ‘unfit for work’ if they cannot recommend any adjustments that will enable the employee to return to work at that time.
Whilst many employers see this change as a really positive step, some are sceptical about how effective this will be in helping to manage employee absence, as many GPs are not trained in occupational health and may suggest adjustments that are not viable in most businesses. It will then be up to employers to demonstrate why the recommendations are not reasonable.
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