

February 19, 2010
'Fit Notes' Consultation Published
In late January, the Government published its response to the consultation
on the draft regulations to introduce ‘fit notes’, the new statement of
fitness to work, for use by GPs from 6 April 2010.
From what we can see, the main points from the consultation are as follows:
- The
GP will be able to highlight any common types of changes which
employers can introduce to an employee’s working environment, or role,
in order to assist a return to work. If the GP feels another
option is more appropriate then they will have the opportunity to state
this in the comments box. The aim of this is to encourage further
discussions between doctor and patient and between employee and
employer on the potential options that could help a return to work.
- The
wording of the option “may be fit for some work” has been changed to
“you may be fit for work taking account of the following advice”.
This change acknowledges that it is not the doctor, but the employer,
in consultation with their employee, who is best placed to make the
decision as to whether they can accommodate any changes to facilitate a
return to work.
- The fit note will allow the GP to certify
whether the employee is “not fit for work” or “may be fit for
work”. There will no longer be a “fit for work” option as it was
felt that doctors would not have the appropriate knowledge about the
employee’s role to be able to assess this. The Government made
clear that it considers it the employer’s responsibility to carry out a
risk assessment when the employee returns to work.
- The
maximum period for a fit note issued during the first six months of an
employee’s health condition will be reduced from six months to three
months.
- At the moment only GPs will be able to issue fit
notes, however, the Government has not ruled out extending the right to
issue to other healthcare practitioners in the future.
From an employer’s point of view, these are very useful concessions and
will hopefully aid us all in making the appropriate decisions when
dealing with employee absence.
OMS will keep you informed of any
further developments. For more information on any of these changes, or
other employment law matters, call us on: 0845 1300616 or email us at: info@oms.uk.com.
