Quick Guide for Managers on the New Fit Note
What is the fit note?
The Statement of Fitness for Work, or 'fit note', is a new Medical Statement that GPs will
issue from 6 April 2010. It replaces the old 'sick note' and aims to focus on what an employee
may be able to do at work rather than what they cannot do.
Why the change?
For many employees work means a lot more than just their salary. Studies show that work is
good for health; and prolonged sickness absence can produce its own set of problems, such
as: isolation; loss of confidence; mental health issues; de-skilling and social exclusion.
Many employers recognise that reducing levels of long-term ill health is about developing a
partnership between the line manager, the individual, the GP, occupational health and their
HR department and the new fit note is designed to promote discussions between individuals
and line managers to facilitate their return to work.
What's different about the new fit note?
Previously, GPs have said that 'you should refrain from work' and signed someone off as not
fit for work. The fit note still offers the option for a GP to say that someone is not fit for work,
but it also offers a new option - 'may be fit for work taking account of the following advice'.
A GP will be able to suggest ways of helping an employee get back to work. This might mean:
a phased return to work; altered hours; amended duties; or workplace adaptations. The GP
should also provide general details of the functional effect of the individual's condition.
The four options are common ways to aid a return to work ……
A ‘phased return to work’ would be a gradual increase in intensity of work duties or hours.
For example, reduced hours gradually increasing over a period of time; or gradual exposure
to increased lifting.
‘Altered hours’ would be a change to hours worked, but not necessarily fewer hours For
example, earlier / later start and finish times; or flexible hours to facilitate treatment during
working hours.
‘Amended duties’ would involve the removal or reduction of an element of a job. For example,
removing heavy lifting in the event of a back injury, or reducing / removing a pressured part of
a role eg. Complaint handling.
‘Workplace adaptations’ would involve physical changes to the work environment.
For
example, arranging a ground floor workstation for someone with problems with stairs, or,
obtaining a foot rest for someone with back problems.
This may mean therefore that an individual will attend work, when they are signed as “may be
fit for work…” If a member of staff believes that they are fit to be in work, then the
responsibility for this decision lies with them. However, it is your responsibility to conduct a
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return to work interview with the individual in accordance with the University’s procedure for
managing sickness absence. If as a result of this interview, you believe that the individual
should not be in work, you should call Health, Safety and Wellbeing on 0161 295 5425 as
soon as possible to discuss the situation with them.
What do I do now?
From the 6 April 2010, if an individual is off work for 8 days or more, you will receive a “fit
note”. If the note states that the individual is “not fit for work”, then you can treat this as you
would have done the old style “sick note”. If the note states that the individual “may be fit for
work”, you should discuss any of the advice on the note from the GP with the member of staff
as soon as possible.
Whilst there is no legal or contractual obligation for the employer to act on the doctor's advice
in a 'may be fit for work' statement, this advice may help you make simple and practical
adjustments to help your employee return to work and reduce unnecessary sickness absence.
If for any reason you can't make the changes, you should consider the statement as if the
doctor had advised that your employee is 'not fit for work'.
As is current practice, all fit notes should be passed to the SAP absence inputter in your area.
If the member of staff returns to work whilst considered “maybe fit for some work” then you
must inform the SAP inputter as soon as reasonably practical.
Below are some responses to what we believe maybe frequently asked questions:
FAQs
What should I do if a member of my team advises that they ‘may be fit to work’?
If the employee has been continuously absent from work and is currently being managed via
the long term sick procedure in conjunction with Human Resources, you should liaise with
Human Resources immediately to agree the next steps.
If the employee is not a long term sick absentee the ideal scenario would be to arrange for the
employee to personally bring the medical certificate into work at the earliest opportunity so
you can see it for yourself, and hold an informal meeting to discuss the advice given by the
GP. You will need to glean from the employee the context of the advice e.g. what they have
told the GP about their role / working environment and why the GP believes the advice given
is appropriate in the circumstances. It is recommended that you engage your Human
Resources representative if applicable, to help form your decision in determining whether the
option(s) for facilitating a return to work as advised by the GP is feasible, or if indeed further
clarification is needed either via the employee’s GP or through Health, Safety and Wellbeing.
You should keep notes of this meeting as an informal record of the discussion and the
outcome.
What if the information provided by the GP on the certificate is unclear or there is
information missing?
If the ‘box(es)’ are ticked but no comments are provided; or comments are illegible, the
certificate is not fit for purpose and you should refer your employee back to their GP for a
replacement.
What do I need to do if I can support a return to work as advised by the GP?
If a return to work can be supported this should be communicated to the employee and the
details of ‘how’ we will support, and the agreed ‘timescales’ for that support. If the support
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involves a temporary reduction of hours, or changes to start and finish times, Human
Resources can advise if the employee requires a letter confirming the changes.
What if I can’t support a return to work?
The GP’s advice on the medical certificate is not binding on you. The government recognises
that it is the employer’s decision, following consultation with the employee, to determine the
feasibility or otherwise of a supported return to work.
In these circumstances treat as if the GP has advised ‘not fit for work’, the employee does not
return and does not need to obtain a new certificate.
If I can’t support all requests for a supported return to work, aren’t I best to refuse
them all to avoid being accused of inconsistency or unfairness?
No. It is quite legitimate for you to accommodate what you can and not what you can’t!
Effective communication is the key to minimising any misperception about fairness or
consistency – decisions should be clearly explained to the employee to aid their
understanding and avoid disputes arising.
If I can’t support a return to work should I automatically exclude that period of absence
from any unsatisfactory attendance criteria and the absence management process?
No. Each case should be considered on its own merit. Your Human Resources
representative will be able to advise you when and if individuals hit the triggers for further
action under the University’s procedure.
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