Fit Notes - The New Sick Note

A fit note issued by a GP will say one of two things:

 

• you are unfit for work; or

• you may be fit for work

 

If the fit note states that you are unfit for work, then your employers should treat this exactly the same way as they would have treated the same statement on a sick note. This should normally be sufficient evidence for you to be paid any Statutory Sick Pay you are entitled to.

 

The idea of the ‘may be fit’ option is to allow the GP to specify measures that your employer could consider which might enable you to return to work. Examples of measures the GP might suggest on a fit note include reduced hours or light duties.

 

The DWP guidance on fit notes says that where your employer is unable to accommodate the recommended measures to allow you to return to work, then they are entitled to treat the ‘may be fit’ statement as a statement that you are unfit for work for the period covered. Therefore, there is no need for you to go back to the doctor for another certificate saying that you are unfit for work until the ‘may be fit’ certificate expires.

 

If you are disabled in terms of the Disability Discrimination Act, any recommendations for a phased return to work on a fit note must be viewed in light of the DDA and it is therefore the obligation of your employer to ensure that ‘reasonable adjustments’ are made to facilitate your return to work.

 

The new regime is aimed at encouraging employers to think about getting people back to work on some basis rather than simply waiting until the employee is fully fit for all of their hours and duties.

 

Overall, fit notes are likely to highlight to employers the grey area that exists between fitness and unfitness for work, as well as raising interesting questions about sick pay.