Fit Notes 101: The Basics

First off, what's a fit note? It's not a musical note that sounds great while you're chilling on the couch (although that would be fun). It's formally known as the Statement of Fitness for Work (or Med3), and essentially, it's the memo that GP's or other healthcare professionals write up to let employers know what's up with one of their employee's health. Employees are required to provide a fit note to their employer for any sickness absence that extends past 7 calendar days. 

Who Can Drop the Note?

This has now been extended to an all-star cast of healthcare professionals, including doctors, nurses, occupational therapists, pharmacists, and physiotherapists, who are all able to certify a fit note. The more, the merrier, right? And guess what, the signature's gone digital, too, making it easier for people to receive their fit notes via email. Welcome to the 21st century, fit notes! As of 2022, the Department for Work and Pensions (DWP) decided it was time to ditch the ink signatures in favour of the name and profession of the issuer. So, now fit notes can be received through the magical world of digital channels, provided local IT systems support it. Who knew a fit note could be so tech-savvy?

No More Handwritten Notes

Fit notes can come in different shapes and sizes - handwritten, computer-generated, or digital. But regardless of the format, they must include the issuer's name, profession, and the address of the medical practice. Plus, if it's sent digitally or printed from a healthcare professional's IT system, it'll have a handy barcode. Scan it with a QR code scanner, and voilà, it's in the employee's sickness records!

The Return of the Med10 Form

For employees who've been to the hospital and got themselves a fit note, they might also receive a Med10 form. It's like a sidekick to the fit note, featuring the dates spent as a hospital inpatient and the period their health condition or disability covers. Just remember, it shouldn't stretch longer than 26 weeks!

Stay in Touch

The employer-employee relationship is a delicate dance, especially when someone's on sick leave. The guidance states that the employer and employee must agree on how to stay in touch during that absence period and how regularly. This may seem like a wonderful idea in theory, but it's often far from practical. Especially in cases involving employees facing mental health challenges where they allege discrimination or bullying, things can get complicated. They might go on sick leave and refuse to engage in any discussion, claiming that their health is too fragile. This situation immediately raises a clear and present danger of both parties getting stuck in a never-ending loop. The employee won't open up until the issue is resolved, and you can't take steps to resolve it until they do. In such instances, finding common ground on how often to communicate becomes an impossible task because the employee has no interest in talking to you, even though it might not be in their best interest in the long run. It's a tough spot to be in.

"Your employee can return to work at any time, even if this is before their fit note expires. They do not need to go back to their healthcare professional first”.

While the guidance states that your employee can head back to work before their fit note expires without revisiting their healthcare professional, we recommend not taking this advice at face value. If you have legitimate concerns that your employee might be returning too soon, it's still a wise move to seek prior medical reassurance. Your employees' well-being should always come first, after all.

When you doubt an employee's incapacity...

The guidance allows employers to challenge a fit note and request further assessment by a medical professional. However, there's a catch – the employee "cannot be required to provide further medical evidence beyond the fit note," so your request might not get you far. If, despite your efforts, you decide to stop paying statutory sick pay, hoping it will nudge the employee to return, be prepared for some paperwork.

In this case, the employee is entitled to receive a written statement explaining why their sick pay has been discontinued, and they can take this to HMRC for a determination of entitlement. While statutory sick pay isn't a fortune, going through this process is rarely worth the hassle. However, employers can consider doubts about an employee's medical fitness when assessing discretionary sick pay. But tread carefully – the practitioners issuing fit notes have undergone extensive training, and dismissing their advice because you think you know better is a bold move.

Feeling Overwhelmed? We've Got Answers!

Sickness absence can itself cause employer's a headache. What if you don't understand the GP's advice? Can you challenge a fit note? How do you handle any recommended reasonable adjustments? Unsure how to handle a return to work? Whatever the question, we can help! Drop us a message here to chat. 🤒📝✨