Fit Notes
Guidance for StaffFrom 6 April 2010 ‘fit notes’ were introduced to replace the old sick notes. These are new certificates that GPs will issue with the aim of giving employers and employees’ greater flexibility in managing sickness absence. It is hoped that this system will encourage employees back to work more quickly, in a safe and pro-active way, to the benefit of employee and employer.
The key difference between the old sick notes and the new ones is that previously GPs had to say if the employee was, or was not, fit to work. Now GPs can advise that the employee is either:
- not fit for work, or
- may be fit for work taking account of the “following advice”
The advice may include adjustments that might assist the employee to return to work e.g. phased return to work, amended duties or hours, workplace adaptations. The most important change is a focus on the work employees can do, rather than what they cannot do. Whilst the advice is not binding, we are expected to attempt the recommendation.
On receipt of a ‘fit note’ the employee must telephone their manager immediately to relay the doctor’s advice (ie. the same or next working day) and arrange to meet, as soon as possible to discuss in more detail (Payment of sick pay is dependant on employees adhering to notification procedures.). Managers should follow the GP’s advice and recommendations, notifying their HR contact of any difficulties in doing so.
The Department of Work and Pensions (DWP) have provided further guidance on fit notes along with a sample of this form, which can be accessed by visiting their website at http://www.dwp.gov.uk
Employers still have duties under the Disability Discrimination Act (DDA) to make reasonable adjustments for disabled employees.
Employees that receive hospital in-patient treatment sick notes will continue to receive them.
HR Service
July 2010
Frequently Asked Questions
- What should I do, as a Line Manager if the doctor has indicated ‘may be fit for work’?
- Is the advice on the fit note binding?
- What should I do if we cannot implement the GP’s recommendations?
- Will the employee still be covered by my Employers’ Liability Compulsory Insurance (ELCI)?
- How does this affect the Disability Discrimination Act?
- How long do any amended duties or workplace adaptations have to last for?
- Can I, as a Line Manager, request a fit note advising that an employee is ‘fit for work’?
- What should I do if an employee wants to return to work before the end of a fit note marked not fit to work?
- What should I, as a Line Manager, do if I offer support to an employee to aid them to remain or return to work and they disagree?
- What should I do if I do not understand the advice on the fit note?
- How does this affect Sick Pay?
- What is a risk assessment?
What should I do, as a Line Manager if the doctor has indicated ‘may be fit for work’?
The fit note has been designed to give managers the information needed to begin a discussion with an employee on whether they can return or remain at work despite their illness or injury. You should consider the GP’s comments and discuss this with the employee and the HR Manager/Officer where required. If it is possible for the employee to remain at work or you can support a return to work, you should agree any temporary changes to their job or hours and what support you will provide and for how long by completing a return to work pro-forma. In some cases a referral to Occupational Health may be necessary. Advice on the Occupational Health referral process can be found at the following website www.gla.ac.uk/services/humanresources/policies/h-o/occhealth/.Is the advice on the fit note binding?
No. This is about giving you greater flexibility and better information to manage sickness absence. It’s your choice after discussing the fit note with the employee, how to act on the GP’s advice taking into account any industry or sector specific safety guidelines or regulations that the GP may not be aware of. However, managers are encouraged to work with employees and identify barriers to assist the process in supporting staff to return or remain at work. If it is not possible to support an employee, this should be fully discussed with the HR Manager/Officer.
What should I do if we cannot implement the GP’s recommendations?
If the GP has advised that your employee ‘may be fit for work’, and you cannot make the adaptations or adjustments to help an employee remain at or return to work, you should consult your HR Manager/Officer before explaining the reasons for this to the employee. The reason(s) should be recorded on the return to work pro-forma. The fit note should then be used as if the GP had advised ‘not fit for work’. The employee does not need to go back to their GP for a new fit note to confirm this.Will the employee still be covered by my Employers’ Liability Compulsory Insurance (ELCI)?
The University’s liability insurance should not prevent employees who 'may be fit for work’, to return or remain at work. Also, you do not need a fit note stating fitness for work for an employee to return to work. An employee does not necessarily need to be 100% fit to return or remain at work. However, you will need to continue to manage employees appropriately and carry out a risk assessment – based on the evidence from the GP, your knowledge of the work and workplace and further support where necessary. If you have any concerns about the University’s liability insurance, you should contact your HR Manager/Officer.
How does this affect the Disability Discrimination Act?
If an employee has a condition covered under the Disability Discrimination Act (DDA), the University’s obligations under the law have not changed. Consult your HR Manager/Officer for advice.
How long do any amended duties or workplace adaptations have to last for?
On the fit note, a GP will state the period of time their advice is for. When agreeing a return to work plan you should always be clear on the length of time any amended duties or support is for. In most cases this will be about temporary measures. If the employee cannot then return to their normal duties, you may need to discuss further alternative temporary measures or, if needed, have a discussion on the long term effects of their health condition on their job, taking into account our responsibilities under the DDA. A referral to Occupational Health may be necessary at this point.
Can I, as a Line Manager, request a fit note advising that an employee is ‘fit for work’?
Unlike the sick note, the fit note does not include the option for GPs to advise someone that they are fully fit for work. You do not need to be fully fit to return to work and an employee does not need to be ‘signed back’ to work by a GP.
What should I do if an employee wants to return to work before the end of a fit note marked not fit to work?
Sometimes the employee will be able to return to work before the end of a fit note period where a GP has advised that they are not fit for work. This may be because the employee has recovered faster than the GP expected, or the GP did not know of ways in which you could support the employee to return to work.
If you agree with the employee that it is appropriate for them to return to work, you do not need to wait until the end of the fit note period for them to do so.
What should I, as a Line Manager, do if I offer support to an employee to aid them to remain or return to work and they disagree?
If you believe that on the basis of the advice from the GP and your knowledge of the workplace, you can support the employee to return or remain at work and they disagree with your proposal, you should discuss the issues with the employee to find out why they believe they cannot return to work. There may be an aspect of their condition or the workplace that you have not considered.
If no agreement on the employee’s fitness for work can be reached, it may be necessary to refer to Occupational Health - you should consult your HR Manager/Officer for advice.
What should I do if I do not understand the advice on the fit note?
If you do not understand or are unsure on how to act on the advice on the fit note your first option is always to discuss it with the employee. They may be able to provide more information on the context of the advice. If you are still unsure, contact your HR Manager/Officer who may obtain clarification from Occupational Health.
How does this affect Sick Pay?
The University’s responsibility to pay SSP has not changed. SSP will still be payable under the current rules for any sickness absence of 4 days or more where the employee meets the qualifying conditions. Where a GP has advised that an employee may be fit for work, but he/she remains off work because you are not able to provide the necessary support, you should consider the fit note to be ‘not fit for work’. Eligibility for SSP in these cases will not change.
Employees who are declared ‘not fit for work’ will continue to receive University sick pay in accordance with their terms and conditions of employment.
What is a risk assessment?
A risk assessment is nothing more than a careful consideration of what, in your workplace, could cause harm to people, so that you can weigh up whether you have taken enough precautions or should do more to prevent harm. Details of the risk assessment should be noted on the ‘Return to Work’ pro forma. Further information on risk assessment can be obtained from Safety and Environmental Protection Services (link to website here).
