18 March 2013

New guidance on Fit Notes

New guidance on Fit Notes

Business owners and HR teams will recall the reason for the introduction of 'Fit Notes' in 2010, was to give employers and employees more flexibility in managing sickness absence and helping employees to obtain the support they required to get back to work.

The Government has now issued revised guidance for employees, employers and doctors, the guidance focuses on looking at what an employee can do, rather than on what they cannot do. This will be particularly important for employees who are absent as a result of a physical disability and/or as a result of an accident.

The new guidance confirms that the notes are about an employee's general fitness for work, which does not strictly have to be tied to their most recent role; thus allowing both parties to discuss the implementation of changes (such as light duties and phased returns to work) which would help the employee return to do some form of work.

The guidance also confirms that doctors cannot issue Fit Notes during the first seven days of sickness absence, for which employees can self-certify. If an employer demands medical evidence during this period it will be their responsibility to arrange and pay for it.

The guidance also includes:

• improved question and answer sections based on common queries;
• an explanation of how a Fit Note indicates whether a patient is expected to be fit for work when it expires;
• ideas for patients and employers about possible changes to accommodate the advice in the Fit Note;
• clarification about the legal status of the Fit Note in relation to sick pay (an employer can refuse to pay sick pay despite an employee having a Fit Note, in circumstances where they believe an employee is fit enough to undertake some duties); and
• practical guidance where an employer cannot make any changes (i.e. considering alternative roles).

Practical implications

This revised guidance will be welcomed across the board because for the first time the Fit Note can be used to its full potential, providing practical guidance from the medical expert, to allow an employer to assist an employee, back into the workplace.