What's different?

The main change is that the doctor can give the employee advice to help them return to work. This is because it's recognised that work can play an important part in helping people recover from illness or injury.

On the fit note, the doctor can select one of two options to advise that the employee is:

• Not fit for work.

  The doctor selects this option if they believe the employee's health condition prevents them working for a stated period of time.

Or

• May be fit for work.

  The doctor selects this option if they believe the employee can return to some form of work with help from you whilst they recover.

  On the form, the doctor can enter comments to help you as an employer understand how the employee is affected by their condition. They can suggest one or more common ways to help the employee return to work, for example:

• A phased return to work.
• Altered hours.
• Amended duties.
• Workplace adaptations.

You don't have to act on the doctor's advice, and the employee doesn't have to be fully fit to return to work.

How long is it valid for?

The doctor can state a specified length of time, for example, one week, or until a specific date. They can also state whether or not they need to assess the employee's fitness for work at the end of this period.

If the employee wants to return to work before the end date on their fit note, they must have your agreement. They don't need further documentation from their doctor.

If their doctor advises that returning to work is unsafe or bad for their health, the employee shouldn't go back to work before the end date.

What happens if the doctor selects May be fit for work?

If the doctor advises that the employee may be fit for work, you and your employee should agree:

• How they'll return to work.
• What support they'll receive.
• How long the support will last.

If the employee's on a phased return to work, does it affect statutory sick pay (SSP)?

To receive SSP, the employee must be incapable of working for four continuous days. If the employee is on a phased return to work, they could lose their SSP.

Example 1

An employee's working pattern is Monday to Friday. On a phased return to work, they work Monday, Wednesday and Friday and don't work on Tuesday and Thursday.

As they aren't sick for four continuous days, they don't qualify for SSP.

Example 2

An employee's working pattern is Monday to Friday. On a phased return to work, they work Tuesday, Wednesday and Thursday and don't work on Monday and Friday.

As they're off sick from Friday to Monday inclusive, they're sick for four continuous days. So, providing the employee satisfies the other qualifying conditions, they're entitled to SSP for Friday and Monday.