From 6 April 2010, the existing system of sick notes is replaced by a fit-note system under which GPs can suggest adjustments to an employee's role and/or workplace to enable them to return to work. The system was recommended in 2008 by Dame Carol Black, the national director for work and health, in her review of sickness absence.

In this economic climate, it’s vital to ensure that a business is operating as efficiently as possible. Absence due to sickness is extremely costly, and the impact is exacerbated when an employee is absent for longer than they really need to be.

The Fit Note does represent a change in the approach to absence management, with more emphasis on what an employee can do, rather than what they cannot do. It will also require many businesses to revamp their absence policies.

Why is sickness absence such an important issue?
The latest research by the CIPD reveals that on average sickness absence costs employers £692 per employee every year. Absence and unemployment due to ill health is estimated to cost the economy £100bn each year. The current economic climate means that it is increasingly important to ensure that businesses are as efficient as possible.

Successfully curbing absence costs could make a real difference to a business – potentially saving jobs. There is growing evidence that the longer the period of absence, the harder it is to return to work. This leads to unnecessary and costly absences, which have a significant impact upon staffing budgets.

How are Fit Notes different from their predecessor, the Sick Note?
Sick notes allowed doctors to advise only that an individual should or should not work. However, fit notes allow doctors to tick an option to advise that an employee either:

• Is "not fit for work", where the employee has a health condition that prevents him or her from working; or
• "May be fit for work taking account of the following advice", where the employee is not fit to return to work to perform all of his or her normal duties, but may be able to return to work if the employer offers some support.

There were concerns that the previous system allowed employees to be absent from work for longer than they needed to be; the new system hopes to alleviate these high absence levels by helping employees return to work sooner.

What do I do when I receive a fit note saying that my employee "may be fit for work taking account of the following advice"?
Before the GP can make this suggestion, they should be made aware of what the employee’s job entails, and therefore, what the employee may be able to do following on from an absence.  It may be an idea to write to the local GPs for your employees, suggesting that you—the employer—is contacted to discuss the return to work options.  Otherwise, the GP has to base their recommendation on the employee’s account of their job description.

When an employer receives a Fit Note stating that an employee "may be fit for work taking account of the following advice" should:

1. Consider the advice carefully,
2. Discuss it with the employee, and
3. Seek to agree with the employee how the recommendations can be implemented.

The employer should agree the specific adjustments that will be made, for how long they will apply and any other consequential changes (for example a change to pay where a reduction in hours has been agreed).
Where a business cannot accommodate the GP’s suggestions on the Fit Note, the employee may need to be absent from work for longer than the GP feels necessary.

How should an employer deal with an employee who fails to provide a fit note?
The procedure for dealing with employees who fail to provide evidence of their incapacity for work is unaffected by the introduction of the fit notes system. As with their predecessor the sick note, employers can require employees to provide a fit note after seven calendar days of sickness, to be eligible for statutory sick pay. Further, employees who fail to provide fit notes in accordance with their employer’s sickness absence reporting procedure may lose the right to occupational sick pay.

If an employee fails to provide a fit note, the employer should advise the employee that failure to provide a fit note without good reason could result in the loss of sick pay and the absence being treated as unauthorised. If the employee continues to fail to provide the required fit note, the employer should deal with the matter under its disciplinary procedure.

How can a business prepare for the Fit Note?
There are several steps you need to take:

• Update your absence policies to ensure they are compliant with the Fit Note system;
• Ensure training management staff are briefed on how to respond to Fit Note queries;
• Ensure the business is ready to carry out risk assessments, return to work interviews and has the procedures in place to deal with any employee/employer dispute arising from a Fit Note.
• It is important not to dismiss the Fit Note as just another burden on employers - it is designed to assist employers. However, managers do need to be made aware of potential pitfalls and tribunal risks. For example, failing to consider the GP’s suggestions on a Fit Note may risk a constructive dismissal claim in some circumstances.

Source: Personnel Today and Empire HR