|
In spring this year (2010) the current sick note from GP’s will be replaced by Fit Notes.
A Fit Note will give GPs the opportunity to state if the patient is fit for work; for some work or for no work at all; and to comment on whether adjustments (such as a phased return to work, altered hours, amended duties and/or workplace adaptations) would be beneficial.
The basic law around certification for absence has NOT changed. As now, from the eighth day of sickness absence, employees will be required to provide formal medical evidence about their sickness (i.e. for the first seven days employees can still ‘self certificate’).
The idea is that the new medical certificate (Fit Note) will allow GP’s to say if employees are fit for some work rather than simply signing them off completely.
On the positive side this could help employees return and ensure they maintain their skills. However, some employers may not wish individuals return until they are fully fit or may not be able to accommodate an early return and refusal to allow a ‘phased’ return could cause some conflict and possible disputes.
The British Medical Association supports the changes but is concerned that GPs might not be equipped with the right knowledge of a patient's workplace in order to make informed recommendations.
Employers will also have to consider what someone will be paid if they return initially on shorter hours. Will they be paid their full salary/wage, or just be paid for the hours they work? What happens if they are entitled to company sick pay? Will it be more financially beneficial for them to remain ‘off sick’ as they will then receive full pay? Will it be possible to off-set sick pay entitlement against a period of phased return and pay full pay?
Planning Ahead
These issues need to be considered in advance so you are clear about your policy and so this can be communicated to employees.
We will be recommending changes to sick pay schemes and contracts of employment for our retained clients, to make sure we minimise any problems and everyone is clear about the policy.
Further Guidance
The Government have produced some guidance on Fit Notes, which can be viewed by using the link below:
You can also see what the new Fit Note looks like by following the link:
Questions
If you have any further questions on Fit Notes or want to discuss what changes may be needed to your absence policy or contracts, please contact us on 01702 332160.
|
Paula Fisher, Managing Director, is a Human Resources (HR) professional who has worked in HR for over 25 years.
She has held senior HR management positions within corporate organisations and in 1997 completed a Law Degree, graduating with a 1st class honours. She went on to achieve a Master Degree (LL.M) in Employment Law and Employee Relations and has taught employment law at Anglia Ruskin University on the CIPD course (Certified Institute of Personnel & Development).Paula is now the Managing Director (and Founder) of Practical HR Ltd, an HR Consultancy that provides support to SME’s throughout Essex.
Practical HR was formed to provide employment law and human resources support services to organisations to help them meet legal requirements, protect the business and promote positive employee relations (to the benefit of both the organisation and employees).
The services available from Practical HR therefore span many HR disciplines including performance management, training, administration, flexible benefit schemes, etc.
Practical HR aims to put organisations ‘back in control’ when it comes to dealing with any employment issue. And the majority of support therefore concentrates on the employment law aspects of HR including; legal compliance (e.g. contract of employment, policies and procedures); managing performance and conduct issues; managing grievances; restructuring and redundancies.
|
|
