With thanks to Sue Beatt and Jo Graham of People Solutions for supplying this helpful article.

So, what is the "Fit Note"?

The Statement of Fitness for Work, or 'fit note', is a new Medical Statement that GPs will issue from 6 April 2010. It replaces the old 'sick note' and aims to focus on what an employee may be able to do at work rather than what they cannot do.

What's different about the new fit note?

In the past GPs have either said that 'you should refrain from work' or 'you need not refrain from work'. The fit note offers a new option - 'may be fit for work taking account of the following advice'. A GP will be able to suggest ways of helping an employee get back to work. This might mean discussing:

• a phased return to work

• flexible working

• amended duties

• workplace adaptations.

The GP will also provide general details of the functional effect of the individual's condition.

How can this help my business?

The new option of ‘may be fit for work’ means fewer employees will be ‘signed off’ work when they could possibly do some or all of their job with some support;

• More information on how your employee’s condition will affect what they do. This will help you have informed discussions with your employee and to do simple things to help them return to work earlier and reduce unnecessary sickness absence; and

• Fewer forms to deal with. In the past you may have received the (white) Med 3 form and the (pink) Med 5 form from an employee off work. From 6 April these will be streamlined into one form. The (yellow) Med 10 form, which states a period an individual has spent as a hospital inpatient, has not changed and will continue to be issued for this purpose.

What should I do if the doctor has indicated ‘may be fit for work’?

The Statement has been designed to give you the information needed to begin a discussion with an employee on whether they can return to work despite their illness or injury. You should consider the doctor’s comments and discuss this with your employee. If a return to work is possible you should agree any temporary changes to their job or hours and what support you will provide and for how long. If you have access to an occupational health provider you may want to discuss it with them too.

If you have a sickness absence policy, you should consider whether it needs amending to reflect the introduction of the Statement of Fitness for Work. This may involve consultation with your employees or their representatives.

Is the advice on the Statement binding?

No. This is about giving you greater flexibility and better information to manage sickness absence. It’s your choice after discussing the Statement with your employee, how to act on the doctor’s advice. When considering the doctor’s advice, you should always consider if the advice is consistent with any industry or sector specific safety guidelines or regulations that the doctor may not be aware of.

If the doctor has advised that your employee ‘may be fit for work’, and you cannot make the adaptations or adjustments to help a return to work, you should explain the reasons for this to your employee and then use the Statement as if the doctor had advised ‘not fit for work’. Your employee does not need to go back to their doctor for a new Statement to confirm this.

What should I do now?

If you have any concerns about the new “Fit Note”, how it affects your business, or how to continue to deal with absence in the workplace, or indeed any other people issues, please contact us on 0141 333 6599.