The Department for Work and Pensions has updated its guidance around fit notes for employers and line managers.
What Is a Fit Note?
A fit note is a certificate that provides medical evidence for a person’s health condition. They’re also referred to as a Statement of Fitness for Work, Med3 form, or sick note.
The fit note allows the employer and employee to discuss the employee’s health condition and consider ways to help them stay in, or return to, work.
The Key Takeaways
We have detailed the key takeaways from the updated guidance below:
- Employees can self-certify for the first 7 calendar days of sickness absence; after that, entitlement to SSP (in addition to any requirements in an employer’s sickness absence policy) is dependent on a valid sick note. Employers frequently inquire whether someone must be signed back into work. The guidance makes it clear that unless it is an exceptional case (such as a role covered by specific DVLA provisions), this is not required, and the fit note does not cover this situation.
- The length of time someone is signed off for is determined by the clinical judgement of the healthcare professional. However, the guidance serves as a reminder that during the first six months of a person’s health condition, a fit note can only be issued for a maximum of three months at a time. A review date reassessment may be set, but this is not required. Fit notes cannot be issued with a future start date but can be backdated.
- The employee will be certified as “may be fit for work” or “not fit for work” on the fit note. This first option may provide advice for the employer to consider and, ideally, discuss with the employee. If the accommodations that would allow the employee to work are not possible, the employee will be deemed unfit for work and will be eligible for SSP.
- The DWP guidance includes a simple but useful reminder that fit notes can only be issued for medical reasons. Of course, there are numerous other issues and challenges that may be affecting an employee’s life, and thus their work, and for which they require assistance.
If you need further guidance around an employee’s fit note please get in touch with the team.