From April 6 2010 the system of sick notes has changed to become a system of fit notes. The new system recommended in 2008 by Dame Carol Black, the national director for work and health, in her review of sickness absence has been designed to encourage people back to work, attempting to remove the challenges that are often faced by employers and their staff.
The new Statement of Fitness for Work or ‘fit note’ will continue to allow doctors to advise that an employee is unfit for work but will also offer a new option ‘may be fit for work taking account of the following advice’
The aim is to give employers and employees greater flexibility in managing sickness absence. A doctor can now suggest some ways that could facilitate an employee to return to work earlier, such as:
· A phased return to work
· Altered hours
· Amended duties
· Workplace adaptations
In addition they can provide additional written comments making further suggestions to assist an employee to return to the workplace
The advice on the Statement is not binding to employers. If it is not possible to make the adaptations this should be explained to the employee and then ‘The Statement’ should be used as if the doctor had advised ‘not fit for work’.
If your employee has a condition covered under the Disability Discrimination Act (DDA), your obligations under the law have not changed.
Your liability insurance should not prevent employees who may be ‘fit for work’ returning or remaining in the workplace. Also you do not need a Medical Statement stating fitness for work for an employee to return to work. However you will still need to continue to manage employees appropriately through risk assessment based on evidence from the Doctor, your knowledge of the work and workplace and further support where necessary.
Please see the Employers guide on the DWP website for further information : www.dwp.gov.uk/docs/fitnote-employer-guide.pdf
Thursday, 8 April 2010
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