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Fit notes to replace sick notes from April 2010

02 February 2010

Following last year’s consultation on replacing sick notes with fit notes the Government has said it will bring regulations implementing the change into force from April this year.

The reform of sickness certification will take effect from April 2010.  The existing format of a doctor’s certificate will change so that a doctor will be able to consider not only whether their patient is unfit for work, but also whether their patient may be fit for some work based on an assessment of the patient’s health condition.

In the case of the latter the form allows doctors to suggest various adaptations such as a phased return to work, altered hours, amended duties and workplace adaptations. Where a doctor considers another option is more appropriate, they will be able to state this in the comments box.

There will be no option for a doctor to certify a patient as fit for work. This is because it was not felt that doctors would have the appropriate knowledge about an individual’s job role to be able to assess this. The onus will be very much on the employer to make a decision as to whether they can accommodate any changes to facilitate a return to work.

The maximum duration a medical statement can be issued for from 6 months to 3 months during the first six months of their health condition.

Specific guidance on the new statements for individuals, employers and healthcare professionals will be available shortly.

Given these changes it is not hard to see that the new fit notes could become areas for disagreement between employers and their employees as well as potentially important evidence in disability discrimination cases involving a failure to make reasonable adjustments.

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