Fit notes, which are set to replace traditional doctors’ sick notes in April, will give GPs the option to declare a patient either “not fit for work” or “fit for some work”.
It is hoped that the new fit note will encourage more employers to help people with health conditions make an early phased return to work as part of their rehabilitation and recovery. It should also prompt all GPs to start a conversation with their patients about the possibility of a phased return to work and provide them with a framework to suggest possible workplace adjustments for employers to consider.
If an employee is deemed fit, the doctor will recommend a course of action for a phased return to work. This may include amended duties, altered hours, and workplace adaptations to help your employee back to work.
Whilst you won’t have to act on the doctor’s advice in a ‘may be fit for work’ statement, it may help you make simple and practical adjustments to help your employee return to work and reduce unnecessary sickness absence. If for any reason the changes necessary to support your employee’s return to work can’t be made, you should for sick pay purposes, consider the statement as if the doctor had advised that your employee is ‘not fit for work’.
If a doctor uses this option, they will give advice about the effects of the patient’s health condition and, if appropriate, some suggestions about the types of adjustment or adaptations you could consider to help your employee back to work.
Your obligations to pay statutory sick pay and make reasonable adjustments under the Disability Discrimination Act 1995 will not change.
There seems to be a strong business case behind the revised Statement of Fitness for Work as evidence shows the longer someone is off sick the less likely they are to make a successful return to work.
The DWP claims fit notes will cut the cost of sick leave for British employers and benefit the UK economy by an estimated £240 million over the next ten years.
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