From Friday (1 July 2022), in an attempt to ease pressure on GPs, updated laws in England, Scotland and Wales will come into force to allow more healthcare professionals to certify fit notes.
Updated fit note legislation
Previously, only doctors have been able to certify and issue fit notes. However, the new updates will mean that nurses, occupational therapists, pharmacists, and physiotherapists can also do this. The hope is that the updated legal provisions will help to alleviate pressures on doctors and, in particular, GPs.
The updated law, which will be delivered in both general practice and hospital settings, will allow patients to obtain certified fit notes from the most relevant healthcare professional and have better conversations about work and health with them.
Additionally, by widening the scope of healthcare professionals who can administer fit notes, it is anticipated that the processes for employers and employees dealing with sickness absences will become more streamlined. It should be easier for employees to obtain certified fit notes from relevant healthcare professionals.
Chloe Smith MP, Minister for Disabled People, Health and Work, commented on the new laws:
“The extension of fit note certification is fantastic news for patients, making it easier for them to get the support and advice they need from the right place, ensuring where possible that they are able to remain in work.
“These latest fit note changes recognise the valuable role other professions play in helping manage people’s health, and I hope this will also help reduce unnecessary bureaucracy for doctors and general practice more widely.”
Minister for Patient Safety and Primary Care, Maria Caulfield MP, added:
“Improving access to GP services and reducing unnecessary bureaucracy is vitally important as we tackle the Covid backlog.
“Extending powers to provide fit notes to other healthcare professions will relieve further pressures on GPs and is another step towards helping to deliver an extra 50 million appointments in general practice a year by 2024.
“This is just another way in which we’re supporting GPs in primary care, and we remain on track to deliver 26,000 more primary care staff by 2024 to help improve patient access to appointments.”
This news follows the changes implemented in April that allow for fit notes to be certified and issued digitally, rather than requiring a wet-ink signature, making the overall process more efficient for employees, employers and GPs.
When do employees need to produce a fit note from a healthcare professional?
Under the fit note rules, if an employee is absent from work due to sickness for seven calendar days or more, they will need to supply their employer with a fit note as evidence of their illness.
For absences of seven days or less, staff members can self-certify and employers may ask employees to complete a self-certification form upon their return to work.
The rules are designed to encourage discussions between employers and employees about how the employer can support their employee’s return to work and what actions if any, the employee can take.
What should employers be doing as a result of the updated fit note rules?
It is advisable that employers review their existing sickness policies and, if required, update them.
Additionally, businesses should make any persons within their organisations, who are responsible for receiving and processing fit notes, aware of the updated laws.
As before, employers should continue to talk with employees to explore the best and appropriate options for their return to work.
How Nelsons can help
Zara Gasztowicz is an Associate in our expert Employment Law team.
If you would like any advice in relation to the subjects discussed in this article, please contact Zara or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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