Press Releases | February 2010

A new "fit note" is being introduced to replace the GP's sick note. The catchily named Social Security (Medical Evidence) and the Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010 will come into force on 6 April 2010.

Under the new system:

·               The "fit note" still gives the GP the option to declare the employee unfit for work (just like a "sick note").

·                    But it also allows him to say "you may be fit for work taking account of the following advice" and to then tick one or more of the following boxes:

·                a phased return;

·                altered hours;

·                amended duties; and

·                "workplace adaptations"

GPs will also have the opportunity to suggest other changes on the form if appropriate.

·                     It is for the employer, in consultation with the employee, to decide whether they can, and if so whether they will, make any changes enabling the employee to return to work.  The employer is under no obligation to do so (but will always need to bear in mind potential responsibilities regarding possible disability discrimination)

·                    If the GP expects the employee to be able to return to work within 14 days, he must say so.

·                    Otherwise, the GP must state the minimum period for which he expects the employee to be unfit (or fit subject to certain changes).  This minimum period cannot be longer than 3 months, unless the employee has already been off sick for at least 6 months, in which case, the GP may issue a "for an indefinite period" fit note if that is his opinion.

The Government will issue specific guidance for individuals, employers and healthcare professionals shortly, together with a communications campaign to raise awareness of the changes.

For more information, and to ensure that your company is ready for the changes coming in, please contact Louise Ervin on 01256 305508 or email her at louise.ervin@lambbrooks.com.