From "Sick Notes" to "Fit Notes"

Susan Lavery
7 April 2010 - 1:34pm
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Parliament has approved the change to medical statements from sick notes to ‘fit notes’. From 6th April 2010, there will be a single ‘statement of fitness for work’ to replace the current forms.

The new ‘statement of fitness for work’ or fit note will mean doctors can advise that the employee is either:

• “not fit for work” and as such should refrain from work for the duration of the statement; or
• “may be fit for work” and will make an assessment indicating that the employee's condition may not prevent them from undertaking some of their work duties, the effects of the patient's health condition and if appropriate some suggestions about the types of adjustment or adaptations you could consider making to help your employee back to work. 

If you are unable to support the employee in accordance with the doctor’s recommendations, you are not under pressure to accommodate the adjustment and you may consider the employee as "not fit for work". The doctor's advice on a "may be fit for work" statement is not binding, but it may help you make simple and practical adjustments to facilitate a return to work and it would be advisable to offer the recommended support and assistance where possible.

What stays the same?

• the form can still be used as evidence for why an employee cannot work due to an illness or injury;
• the Statement is still not required until after the 7th calendar day of sickness;
• the information on the form is still advice to your employee. It is not binding on you;
• the requirements for the payment of Statutory Sick Pay have not changed; and
• employer's obligations under the Disability Discrimination Act have not changed.

What changes?

• doctors can either advise that a patient is:- not fit for work, or, - a new option for a doctor to advise if an employee may be fit for work with some support;
• doctors have the opportunity to write comments on the functional effect of an employee's condition.
  Tick boxes can be used to indicate specific areas of support to benefit the employee, including “a phased return to work” and “altered hours”;
• the doctor can specify whether they feel they need to asses fitness for work on expiry of the statement.

For more detailed info, a guide for Employers and Payroll, and a sample form go to: http://www.dsdni.gov.uk/employerinfo