On 6 October 2023, the government announced an update to its guidance ‘Getting the most out of the fit note guidance for employers and line managers’. With record levels of long-term sickness absence, the focus is aptly on encouraging employers to take a less passive approach to fit notes and to support people to return to and stay at work.
What is a Fit Note?
Employees can self-certify for the first seven calendar days of sickness absence; after that, entitlement to Statutory Sick Pay (in addition to any requirements in an employer’s sickness absence policy) depends on a valid fit note, previously known as a sick note. This is an official statement from a registered healthcare professional that provides evidence of the advice they have given about a person’s fitness for work and records the effects of their patient’s condition so that the patient and their employer can consider ways to help them return to work.
Changes Made in Recent Times
In the last eighteen months, significant changes have been made to the fit note system to reflect a further overstretched NHS and high levels of long-term sickness in a post-pandemic world. In April 2022, changes were introduced to allow a fit note to be issued digitally, although some may still be physically signed. Then in June 2022, fit notes were expanded so that they can now be issued in any clinical setting where an assessment of the patient’s fitness is made. As a result, fit notes can come from other treating practitioners such as physiotherapists, occupational therapists or nurses, as well as GPs.
Latest Updates to Fit Notes
The more recent updates do not make amendments to the overall policy or rules relating to the use of fit notes. However, it will extend the availability of fit notes to secondary care settings such as hospitals. It also makes significant amendments to the official government guidance on fit notes.
The updated guidance:
- recommends a discussion with the employee on receipt of their fit note
- encourages maintaining regular contact with the employee during the period of their fit note
- gives guidance on what to take into account if an employee receives a note stating they ‘may be fit for work’ and
- makes it clear that an employee cannot be required to provide further medical evidence beyond a fit note.
Extra Resources
In addition, employers can turn to the following government resources;
- A fit note checklist for employers, that is meant to support discussions between the employer and the employee after the issue of a fit note.
- A guidance document explaining the form itself. This is intended to aid employers and managers in navigating the Fit Note, ensuring they have all the information they need and are aware of the importance of the various dates included in it.
- Supplementary case studies clarify how fit notes should be used to help employers manage employee absences and support employees to return to work.
If you have any questions about fit notes or managing sickness absence, please contact our expert employment team via email.
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