As of 6 April 2010 employers will have seen the last of the employee sick note as it makes way for the new statement of fitness to work, which has become known as the ‘fit note’. The fit note will be in electronic format and will certify that the employee is either ‘not fit for work’ or ‘may be fit for work’. This removes the long-established assumption presented by the sick note that sickness absence is a black and white issue: either the employee was or was not fit to work. Instead, the fit note will specify basic changes which the employer may consider introducing to support the employee’s return to work and will contain GP’s advice on the type of duties that the employee is able to perform.
Managing sickness absence is a challenge for employers in all sectors. Not all cases of ‘sickness’ necessitate the employee being completely absent from work, and in some cases, duties performed in the working environment can assist the recovery process. This indicates that levels of sickness absence are at present higher than they should be, and this extra cost is ultimately borne by employers.
The business case for investing in employee healt
Sickness absence currently costs UK employers on average £692 per employee per year, which is an increase on the previous year’s figure, and the average level of employee absence is 7.4 days per employee per year[1]. Further, a recent study[2] has found that 64% of employers surveyed confirmed that employee health and well being has become more or much more important in the context of the recession.
Despite these figures which highlight the business case for investment in employees’ health and well-being, only 33% of employers have an employee well-being strategy in place and only 22% of employers predict that their employee well-being budget will increase within the next year[3]. Equally as concerning is the fact that as many as 40% of organisations do not have a sickness absence management policy[4].
The changes
There is now a new emphasis on the role of the employer and employee in sickness absence management. For example:
- the fit note does not allow a GP to certify an employee as ‘it for work’ and suggests that it is the employer’s responsibility to ultimately decide on the point;
- the employer may make basic changes which could be introduced to support the employees return to work. This therefore encourages discussions between the parties in regards to the potential options to facilitate the employee’s return to work; and
- the maximum duration of a fit note will be three months rather than the six months imposed by a sick note. This variation means that employers will be required to revisit the employee’s health situation more frequently.
The Department for Work and Pensions (DWP) provides helpful advice for employers in the light of these changes[5]. In cases where employees fall under the new ‘may be fit for work’ category, there are several practical steps that employers can take in order to facilitate the employee’s return to work.
In such cases, the doctor overseeing the employee may provide additional information on the functional effect of the employee’s condition which will assist the employer in making suitable suggestions for reasonable workplace adjustments. The adjustments highlighted by the DWP include the following:
- phased return to work which may be achieved through a gradual increase in quantity and intensity of work;
- altered hours which may incorporate later starts and flexibility to allow employees to attend medical appointments during work hours;
- amended duties which may include the removal of stressful or physical elements of the job; and
- workplace adjustments which may be achieved by assessing the employee’s workstation and making changes where appropriate.
There is also a suggestion that once these adjustments have been put into place, the employer should consider undertaking a revised workplace risk assessment which should be frequently reviewed.
Practical solutions for sickness absence management
The role of the fit note is to focus employers on managing attendance rather than absence and start thinking of methods to enhance the flexibility of employee responsibilities and deployment. There are a number of methods already available to all employers by which the fit note philosophy can be easily integrated into their business operations.
Employers should monitor sickness absence and review data on a regular basis which enables any patterns or problems to be easily identified and appropriately addressed at an early stage. Employers need not wait to be served with a fit note in order to implement certain changes where sickness absence data makes it clear that such changes will benefit a particular employee with health problems.
A comprehensive sickness absence management policy is a vital for employers in dealing with absences consistently and effectively. Such a policy will also alert the employee as to the standards of attendance and reporting of absences, and the policy should indicate what employees can expect from the employer in terms of support during their sickness absence. For example, following the shift in focus in certification of sickness absence to what the employee can do, it will be important for the employer to detail a return to work interview procedure. These interviews will enable employer and employee to discuss, with the aid of GPs advice and the employer’s risk assessment, what adjustments to the employee’s responsibilities or duties are appropriate to promote their return to work.
Similarly, employers should carry out appropriate stress risk assessments and have a stress management policy in place to reduce sickness absence levels.
The introduction of the fit note will direct employers to communicate more effectively with employees. Line managers are often the first point of contact for employees who are absent due to sickness, and their role in the employer’s sickness absence or stress management procedure will be pivotal. Consequently, employers should invest in appropriate training so that line managers take their responsibility seriously, and are capable of dealing with employees sympathetically and effectively under the correct procedure. Line managers will also be responsible for gleaning the information required from employees in order that employers can recognise health issues at an early stage and identify further steps to be taken to keep the employee in or help them return to work.
Editor’s note.
See also ‘Workplaces changes too onerous under new ‘fit notes' scheme, says ELA’ in The People Bulletin, 10 September 2009.
[1] Chartered Institute of Personnel and Development; Absence Management Survey 2009
[2] IES Opinion ‘Is well-being still important at work?’
[3] Chartered Institute of Personnel and Development; Absence Management Survey 2009
[4] Working for a Healthier Tomorrow; 2008
[5] Department for Work and Pensions- ‘Statement of Fitness for Work- a guide for employers’ February 2010.