New Fit Notes will replace sick notes from 6 April 2010. These allow GPs to certify that an employee on sick leave is either “not fit for work” or “may be fit for working taking account of the following advice” with four tick boxes, “a phased return to work”, “altered hours”, “amended duties” or “workplace adaptations”, although the suggests adjustments are only “if available and with your employer’s agreement.” GPs can add comments to clarify the option chosen. Fit notes can cover a maximum of three months at a time, but once an employee has six months’ sickness leave, the GP can sign the employee off for longer if appropriate.
Employers are not obliged to follow a GP’s recommendations. Where a GP has suggested an employee change their hours to part-time instead of full-time, an employer is under no obligation to continue to pay the employee at a full-time rate. Employers do, however, have a duty to make any reasonable adjustments under the Disability Discrimination Act 1995. Where the GP’s advice conflicts with advice from Occupational Health, it is the employer’s responsibility to decide which advice to follow.
If you have any queries about sick leave, the Disability Discrimination Act 1995 or making reasonable adjustments for disabled employees, please contact Ashley Hunt, Vaishali Thakerar or Carrie-Ann Randall on 0116 212 1000 now or complete one of the on-line forms.
