Are you prepared for the new `Fit to Work` certificate?

In April 2010 we face mandatory new requirements and obligations in relation to all work absences which require GP certification.  This represents one of the most radical over-hauls of the system for a long while and is likely to cause greater uncertainty for employers and employees.  If Employers/ Managers are not prepared this could generate (avoidable) legal claims, confusion, lost time/ productivity, potential conflict, and possible H&S implications – especially if your current absence/ return to work procedures are not updated to account for these changes.

The government has published guidance for employers and GPs on the new Fit Note that will take over from the traditional Sick Note from 6 April 2010.

Where the Sick Note simply stated whether a doctor believed that a person should or should not be in work, the new system allows doctors to use the medical statement to advise if a patient “may be fit for work” in certain circumstances, and offer advice on the effects of their health condition.

On the new form doctors can provide a “may be fit” statement if they think a patient’s health condition may allow them to work if they get suitable employer support, such as altered working hours, amended duties or workplace adaptations. Where an employee is too ill to work, the doctor will continue to advise this, as with the old sick note.

The Department for Work and Pensions (DWP) developed the guidance in collaboration with business groups and medical bodies. The guidance says that the Fit Note will still not be required until after the seventh calendar day of sickness and the information on the note is advice to the employee, but is not binding on the employer. It confirms there is no change to Statutory Sick Pay arrangements or to employers’ obligations under the Disability Discrimination Act.

Some of the changes include:

• Employers will be forced to consult even more with the absent employees
• GP`s will no longer be able to certify that a person is 100% fit for work
• GP`s will have the option to recommend a `phased return to work`
• Combining the current Med 3 and Med 5 forms

The time is now to consider if you are fully prepared for this change:

• Do you know your rights and liabilities in respect of staff absence & return to work?
• Are you compliant with your legal/ employer liabilities and insurance obligations?
• Do you know how to get the new arrangements and legislation to work effectively for you?
• Would building relationships with your work-force (and their GP`s) help you?
• How will you ensure you receive ALL relevant information and make the right decisions?