Statements of fitness for work ('fit notes') replaced the traditional, statutory sick notes in April 2010.
Fit for purpose
Fit notes aim to get absent employees back to work as quickly as possible by focusing on what they can do, rather than what they cannot do.
Whereas the old-style sick notes merely stated that an employee was not fit to work for a specified period of time, fit notes enable GPs to advise whether employees 'may be fit to work' and to suggest ways to facilitate a return to work such as a phased return, altered hours or duties, and/or adaptations to the workplace.
Promotes communication
Employers should discuss any comments on the fit note with the employee to see if the suggestions can be accommodated. The advice given by the GP is not binding upon the employer and if the suggested alterations cannot be made, the employer should explain this to the employee and treat the fit note as if it declared the employee as not fit to work.
However, employers should be cautious: they have a duty to make reasonable adjustments for disabled employees and fit notes may be used as evidence in establishing what adjustments may have been reasonable. It is recommended that employers still obtain a specialist medical report for employees on long-term absence, particularly where the employee's condition may amount to a disability.
Impact of fit notes
Many employers have stated that fit notes have made little difference in helping employees return to work quicker. Some studies have even claimed that absence levels have actually increased, indicating that GPs continue to sign off employees for long periods of time without addressing what the employee could do at work.
Further guidance
It is expected that revised guidance will be issued later in 2013 that will emphasise the importance of assessing an employee's health in relation to work generally and not just their capacity to return only to their specific job.