News -

- March 2010

Employment: New "fit notes" to take effect in April 2010 - underlying aim to encourage return to work

Following consultation on its draft regulations to introduce a new statement of fitness to work (known as "fit notes") to replace GP’s sick notes last year (see Related Article below), the Government has now published its response

This sets out the following:

  • the new “fit note” will differ from the sick note in that doctors will only be able to use either “not fit for work" or "may be fit for work taking account of the following advice”.  The concept of "fit for work" has been removed.  The revised wording is intended to facilitate ongoing discussions between doctor, employee and employer to monitor the situation and determine whether any adjustments could be made to assist the employee in returning to work;
  • the new fit notes will specify the adjustments which employers could make to facilitate a return to work, such as using "a phased return”, reduced or amended hours, different duties and making adaptations to the workplace;
  • in the first six months of an employee’s illness, a fit note will only be issued for a maximum period of 3, rather than the current 6, months;
  • at this stage only GPs will be able to certify fit notes but this may change as the Government plans to issue further guidance.

Resources

Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010

Explanatory memorandum

Government’s response to consultation

For further information or to discuss the issues raised, please contact Colina Greenway (colina.greenway@abbisscadres.com) on +44 (0) 203 051 5711.