What are Fit Notes?
The ‘Fit Note’ is a statement of fitness for work, which is issued by a doctor to indicate whether the employee is “not fit for work” or "may be fit for work” taking into account the doctor’s recommendations (one of four options listed on the Fit Note). Doctors can also make further comments. The note is additionally used for Social Security and Statutory Sick Pay (SSP) purposes.
Where a “may be fit for work” (taking account of the doctor's advice) Fit Note is issued by the doctor and one of the four options has been selected as a suggestion to facilitate a return to work (RTW), for example, a phased RTW, altered hours, amended duties, or workplace adaptations, further discussion with the employee will be necessary to establish appropriate and reasonable measures to assist with the RTW. Advice should be sought from your HR Manager and/or Occupational Health referral report before a RTW can be fully agreed by the department.
The form will indicate the period of time for which this assessment is valid, and whether or not the GP needs to assess the employee’s fitness again at the end of this period. If the statement does not refer to a subsequent consultation date, the employee will normally be expected to resume their usual full duties at the end of the statement period. Any concerns related to the working conditions and duties following the employee’s RTW must be discussed with the HR Department and/or Occupational Health.
There may be occasions where an employee presents a Fit Note which suggests that some work is possible, but is not practicable to accommodate the adjustments – in such cases the Fit Note should be used as if it had advised ‘not fit for work’. In such cases, and in all cases where the ill-health may have a work-related cause, it will be particularly important to seek advice from Occupational Health and/or the relevant HR Manager or Consultant before reaching a final decision and discussing this with the employee.
The Fit Note is not binding on the employer: unless and until the department has agreed that the employee may return, and any necessary support is in place, the employee will remain on sick leave.
Fit Notes do not affect the Trust's current obligations in relation to the Equality Act.