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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.