News : Valerie Moore
Staff Matters
Sick Notes Replaced by Fit Notes
From 6 April 2010, the format of medical statements - also known as medical certificates or sick notes - will change. Given by doctors to employees who are sick or injured they have historically “signed off” the employee from work for a period of time.
The format of these certificates will now change. The “sick note” will now become a “fit note”; the doctor advising the patient that they are either
1. not fit for work
2. may be fit for work
The “may be fit for work” statement will be given by the doctor if they believe that the employee’s health condition may allow them to work – as long as they are given appropriate support.
Where the doctor uses this option, they will give advice about the effect of the employee’s health condition and, as appropriate, offer suggestions about the type of adjustment or the adaptations that the employer could consider to allow the employee to work. Adjustments may be
- temporary change in working hours
- relief from some of the employees duties for a period of time
- a phased return to work
Notice the words “may” be fit - and - adjustments that “could” be made
The employer does not have to act on the doctor’s advice in a “may be fit work”, but it will often be beneficial to the employee and the employer to make reasonable adjustments if possible. Where the employer cannot make suitable adjustments then – for sick pay purposes – the “fit note” should be consider as a “not fit for work” note.
The Department of Work and Pensions has a full 22 page guide and can be found at http://www.dwp.gov.uk/docs/fitnote-employer-guide.pdf
An example of the new Fitness to Work Note can be found at http://www.dwp.gov.uk/docs/med3-fitnote-sample.pdf
Staff are Entitled to Accrue Holiday Pay Whilst of Sick
In July last year I mentioned that new rulings meant that staff were entitled to accrue holiday pay whilst they were off sick. (The European Court of Justice ruled that employees should be allowed to carry over holiday in some cases).
An English Employment Tribunal has now ruled that an employee should be permitted to carry forward annual leave that they were too ill to take in the previous holiday year. The Working Time Regulations specify that it is unlawful to carry over more than 8 days per year (that is full time staff). The WTR, I think, stipulated this in order that employees did take leave, did have time off, did not work 52 weeks a year, and thus had a break from work. So whilst it appears to go against the regulations, I suspect this will be the argument. I think more “rulings” will be forthcoming.
As an employer, if you have this situation (bearing in mind the ruling was … be allowed to carry cover holiday in some cases) consult Acas.
www.acas.org.uk
or telephone and speak to a real person on 0845 7 47 47 47
Monday thro Friday – 8am to 8pm
Saturday – 9am to 1pm
For more information go to http://www.personneltoday.com/articles/2010/02/17/54142/holiday-leave-lost-due-to-illness-should-be-carried-over-to-next-year-tribunal.html