When an employee is off work for more than seven days their absence needs to be certified by way of a Statement of Fitness for Work, also known as a ‘fit note’.
As it currently stands, only doctors are able to issue and certify fit notes. From 1 July 2022 new legislation, The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) (No 2) Regulations 2022, comes into force which allows for a wider group of healthcare professionals to certify and issue fit notes which includes occupational therapists, physiotherapists, nurses and pharmacists.
The regulations also insert a definition of "healthcare professional" which includes doctors and the four new professions referred to above. The intention of the legislation has been to ease the burden on doctors, mainly GPs. It is hoped that the change will make it easier for patients to see GPs by reducing their workload.
The change, which comes into force on 1 July 2022, is the most significant change since fit notes were introduced in 2010. The previous changes were introduced to encourage both GP’s and employers to look at keeping people at work by considering things like phased returns, reduced duties rather than being signed off until fully fit to return. One of the objectives for the new change is that it will support and enable better conversations about work and health between employers and employees by making it easier to get a fit note by the most appropriate healthcare professional, whilst at the same time easing the considerable burden on GPs.
Certifying Fit Notes Digitally
This change follows legislation changes in April 2022, which removed the need for fit notes to be signed in ink. This change makes it possible for eligible healthcare professionals to certify fit notes digitally, and also for patients to receive their fit note via digital channels (where GP IT systems support this).
The extension of fit note certification follows changes made in April 2022 that allow for fit notes to be certified and issued digitally making the process more efficient for employees, their employers and GPs.
Assessment of a person’s fitness for work - Restriction
It is important to note that fit notes can only be issued following an assessment of a person’s fitness for work, so cannot be issued on request or via over the counter services.
Advice for Employers
Employers should consider reviewing their sickness policies in staff handbooks and sickness provisions in contracts of employment and update where required. Whilst these changes will undoubtedly ease the burden on GP’s and, may indeed provide more focussed information where for example someone is seeing a mental health practitioner or a physiotherapist, for prolonged periods of absence (over 4 weeks) we would always encourage referral to occupational health for a full assessment on fitness for work, particularly where an individual may have a disability and the duty on the employer to make reasonable adjustments is triggered.
For more information or assistance please contact Noele McClelland in Thorntons specialist Employment Law team on 03330 430350.
