To help support people who become ill to return to work as quickly as possible, the Department for Work and Pensions (DWP) is reforming the current medical statement (the ‘sick note’). The changes will ensure that individuals and their employers are better informed about when and how it is appropriate to support someone back to work. Subject to parlimentary approval, the changes will to come into place on 6th April 2010. A sample copy of the proposed new statement, known as the 'Statement of Fitness for Work', is available here.
The Government believes that it is important to support people with health conditions to return to appropriate work as soon as possible. There is strong evidence that long periods out of work are associated with poor mental and physical health, increased use of health services and poverty. The longer someone is off work, the lower their chances of getting back to work. Work has also been shown to have therapeutic value and is generally good for physical and mental health and well-being.
The current format of the sick note does not help doctors to provide information about fitness for work to patients and their employers. Changing the form will enable doctors to provide better advice to their patients about the effects of their health condition and how they might be able to return to work while they recover.
In particular, the reforms will:
- amend the format and content of the sick note so that doctors are able to indicate whether they believe their patient is 'not fit for work' or 'may be fit for work ';
- enable doctors to record further information about the functional effects of their patient's condition so individuals and employers can consider simple changes to aid an earlier return to work; and
- will provide individuals with information about steps they can take which will help them towards an early return to work; and
- streamline the range of medical statements currently issued by GPs.
By improving the information provided on the new medical statement we intend to:
- help inform discussions between individuals and their employers about whether there are any changes to the employee's work environment or job role which could help achieve an early/earlier return to work;
- assist employers in reducing sickness absence and retaining staff and their skills, which is critical to business success;
- provide individuals with information about steps they can take which will help them return to work sooner; and
- help to change attitudes towards the potential role of work in aiding recovery.
Changes to the medical statement will be implemented in England, Scotland and Wales.
A full public Consultation ran from May to August 2009. The Government's Response to the Consultation is available here.
FAQ
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Q1: When will the new statement come into effect?
- Subject to Parliamentary approval, we will introduce the new form on 6 April 2010.
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Q2: What does 'may be fit for work taking account of the following advice' mean?
A doctor will recommend this when they believe that their patient may be able to return to work with some support from their employer - this may include temporarily working different hours, different duties or having support to complete their normal job.
If the doctor recommends 'may be fit for work', and it is not possible for the employer to facilitate a return to work, the statement will function as if it were a 'not fit for work'statement. An employee will not need to return to their doctor for a new medical statement.
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Q3: How will the new form help reduce sickness absence?
- The new statement will allow employers to take a much more active role in helping their employees back to work. Based on the doctor's advice, employers and employees will be able to have more informed discussions about how a return to work could be facilitated. We know that managing sickness absence is a challenge for many employers - this is why we want to ensure that the form is practical and provides simple, helpful fitness for work advice so that, where possible, the employer can facilitate an earlier return to work.
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Q4: Is the advice on the statement binding on employers?
No. The new statement will provide employees and employers with better information and greater flexibility to manage sickness absence. In some cases it may not be practical to make the changes necessary to support an individual in an earlier return to work.
However, in most cases we believe that it will be in the interest of both the employer and employee to agree changes that will assist an earlier return to appropriate work.
Where an employee's condition is covered by the DDA, employer's obligations under the law remain unchanged.
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Q5: Are we expecting GP's to be occupational health experts?
- No - the information required to complete the form is within GP's expertise. A GP's expertise focuses on their patient's health and the functional impact of their condition, whilst the patient and the employer know about the job and the workplace. The new statement is about giving simple, clear advice which employers can then combine with their knowledge of the work, the workplace and their business to find ways to help their employees return to work.
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Q:6 Will there be guidance for doctors and employers?
- Guidance for doctors and employers will be available in advance of the new statement coming into effect on 6th April 2010. Guidance and information for patients/employees will also be made available.
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Q7: How will the new form impact on benefits?
- There will be no impact on the rates of Incapacity Benefit or Employment and Support Allowance a customer receives should they be given a new medical statement after 6th April 2010. Nor will it mean they are referred earlier than expected for a Work Capability Assessment. However, if their doctor give them an indication of any adjustments that could be made to help them to return to work, they could use this as a basis for a discussion with a personal advisor.