01 April 2010
Employers are reminded that the new 'fit note' regime replaced the current system, whereby doctors issue hand-written sick notes, from 6 April 2010.
Under the new system, a doctor will provide a patient who is off work for more than seven days on account of a medical condition with a computer-generated medical statement providing, where appropriate, information on how their health condition might affect their ability to work and what workplace adaptations or adjustments could help facilitate a return to work.
When issuing a medical statement, the doctor will be able to advise either that the patient is 'not fit for work' or that he or she 'may be fit for work taking account of the following advice'. In the latter case, additional information must be provided by the doctor to support the statement. If the doctor considers that the patient may benefit from common workplace changes, appropriate adjustments can be suggested by ticking the relevant box. The suggestions are:
• a phased return to work;
• altered hours;
• amended duties; and
• workplace adaptations.
However, the doctor can suggest other suitable changes that would benefit the worker.
The doctor will have to indicate on the medical statement whether or not they need to assess their patient's fitness for work again when the current statement expires. In the first six months of a health condition, the maximum period a medical statement can cover will be reduced from six months to three months.
Employers will not be bound to implement suggestions put forward by a doctor for workplace changes. Changes will be at the discretion of the employer and should be made with the agreement of the employee. Where the doctor's advice is not followed, the worker should be treated as though they are not fit for work. However, where the employee is disabled for the purposes of the Disability Discrimination Act 1995, the employer has a duty to make reasonable adjustments regardless of what a doctor recommends.
Where changes are made in order to facilitate an employee's return to work, the employer should carry out a revised risk assessment to ensure that any new potential health and safety risks to the returning employee and others in the workplace are minimised.
James Townsend, senior associate, advises employers to review their sickness absence policies to make sure they take account of the new arrangements.
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