 The time has almost come (6th April 2010) when the current ‘sick note’ is replaced by the ‘fit note’. With this in mind, in this email update we take a closer look at the practicalities of this change for employers. With less than a month to go to update your policies and perhaps your approach we thought we’d share our views on what is coming your way.
The new ‘fit note’ unlike the current sick note gives two choices:
- Not fit for work and
- May be fit for work taking account of the ‘following advice’
It is the advice that really sets the ‘fit note’ apart from the ‘sick note’ in that it offers a tick box list with the option for either a phased return to work, altered hours, amended duties or workplace adaptations, which is then followed by a proportionally large space for the doctor’s comments. Whether doctors will use the space provided is yet to be seen, however they do now have the option to give a detailed explanation of how an employee’s condition may impact on their ability to perform their role.
Keeping in mind that the same obligations under DDA will continue to apply, we predict a few challenges with this new advice section. Although it may be good news for some employers that fewer employees may be ‘signed off’ work when they could possibly carry out some aspects of their role the challenge will be in deciding how much support is really necessary. After all, which of you feels suitably medically trained to make that decision based on perhaps minimal written information from a doctor?
Equally, if you feel that the risk is too high in allowing an employee to carry out certain aspects of their role, you may find yourself with an employee relations issue. This is most likely to be the case where the employee feels that they are not believed, where they suffer financially if they are not able to work or feel that they are in fact able to carry out tasks despite the doctor’s advice. After all, the doctor has probably never seen the employee at work and their advice will be based on the employee’s verbal description of the role and not yours or indeed a visual or practical assessment of it.
No doubt you feel as bemused as we do that doctors will be able to issue a statement as a result of a telephone consultation or a report by another healthcare professional. Things certainly have moved on in the world of medical assessments!
Before you throw your hands up in despair however, let us share the good news. Although you cannot control what the employee says to their doctor or indeed what the doctor writes on the ‘fit note’, you can ensure that your sickness absence policy gives you the flexibility to manage your employees. Our advice would be to ensure that your policy and contract allow you to make the final decision regarding fitness for work based on your knowledge of the role.
Be sure to see our Top Tips section to help you on your way to updating your contract and policy or contact us and let us do it for you.
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