AIBU to expect a fit note confirming adjustments after sick leave

[juggleit]

AIBU to expect an employee to get a ‘fit note’ from the GP after extended sick leave to ask that the ‘fit note’ ticks the boxes that say for ‘fit for work’ with some adjustments to work task or reduced hours etc.

She had been off for 2 weeks with abdominal pain a year after stomach surgery which to my knowledge all went well and no complications. ( she has returned to work 8 weeks after surgery and no problems - although seemed to be not back to their usual
self)

i had asked her during a welfare call that when she returned to work to ask the GP to confirm they were fit for work with reduced work load so I am confident we are not placing this employee at risk when they return to a moderately physical role. They then messaged me the following week with a ‘not fit to work note’. This is not what I was expecting.
my question is do GP’s ever complete these fit notes with the any of the work adjustments ticked off so they can return to work.
obviously I am not privy to the discussion between the employee and Dr but my best guess is that the employee laid out they were still suffering with their ailments even though after two weeks off and our telephone call they stated they felt so much better and wanted to return to work. This feels like a continual loop of long term sickness!
Any insights from other Employers or GP’s would be greatly appreciated TIA

Yes i have had a fit note with restrictions while i had a high risk pregnancy .

Yes they do. I had long Covid and when I returned I had about 6 months where GP ticked 'fit for some work' and OH discussed what would be suitable to manage my condition. I needed reduced hours and a quiet place to rest during break times.

Her GP has ticked that she is NOT fit for work, so she won't return until he believes that she is capable of doing so.

Yes GP’s can and do tick the relevant boxes (amended duties, reduced hours, etc) to allow a return to work. An employee doesn’t need to be signed off as “fit to work” however, as they can come back at any point prior to the fit note expiry.Whether that meets the standards of your company’s risk assessments is another consideration though. If you want specific recommendations based on the role, you’d have to organise an Occupational Health (OH) report.

Fit notes are advisory only and employees are not required to be signed back as being fit to work, nor is it necessary for the GP to list adjustments - not least because these will be specific to the person, role and environment which the GP will have no idea about. At best you occasionally get "altered hours" or something equally vague.

If its low risk environment Id just do a welfare meeting, discuss what adjustments employee feels would help, do a risk assessment then agree a review of the amended duties/hours date.

Can you refer her to Occupational health?

It appears that the GP still considers her unfit for work, so reasonable adjustments aren't going to be defined at the moment if that's the case.

She’s had 2 weeks off. What is ‘a continual loop of longterm sickness’?

Thank you for all the advice and posting your own experiences. I think we will have to go down the OH route.

There have been other sickness absences over the past year which is obviously having a detrimental impact on the business.

if any one has HR experience : are there options available to me such as paying the employee out to the end of their contract which will finish soon?

We do have some HR support from an external company but it has proven very difficult to get quick responses from them - the call centre has stated they are very busy!

You're paying for an HR service, push them to provide it for you. You may have options but need to be careful so you don't give yourself more problems than you solve.

Thank you yes will push for more support from HR service - they have been disappointing tbh. I’m vey mindful of not getting this wrong 😑

I don't think it's down to the GP to supply a note telling someone when they can go back to work? They just have a note that says you can't and when it runs out you automatically can work again. Unless you seek another note saying you're still unable. I think?

No, the note will have an option that says you may be fit to return with amended duties. The employee and employer would then agree what can be accommodated.
In this case though, it looks like the GP does not think that is appropriate at this time so has signed OP for longer.

Is she being paid ? Just saw it’s a contract so curious to know

Ah ok. Thank you.

That’s not really the GP’s role.

ideally the employer should pay for an occupational health appointment to do this.

or it’s a conversation and agreement with the employee

Yes ssp and then full pay while the return to work review is taking place

ACAS provide free advice - check out their website. If it is repeated sick leave, it’s worth paying for an Occupational Health assessment.

I would just get rid before the new employment laws come in

So she’s been sick in the past (is this related to why she needed the op?), then was signed off whilst having and recovering from an operation. Doesn’t seem quite right and has had that sick leave extended by her GP?

But you want to sack her as she’s not medically fit, rather than wait the 2 weeks and hopefully start a phased return?

Fit note is only about health so anything work related beyond that is not for GP, it's occupational health role.

I’m in HR. Some GP’s will suggest reasonable adjustments. Always helpful. More often I refer to OH. I can’t influence the clinician but I can be very clear what the role entails. The advice I get from my provider it always useful. They also support that the objective is to manage the person back to work. I make it clear that a phased return should ideally be 4 weeks, extended beyond that may be accommodated, but it may also lead a reduced hours contract. That’s not an edict, but it does deter an endless PR.

Work is good for people, it actually aids recovery in re-introducing routine provided the employees are also keeping up the advice from the GP and OH. It can’t work if the employee isn’t taking prescribed medication or professional support. Employers can put in place a suite of RA, but if you’re not taking your medication we can’t support you. We can’t support you if you are not at work.

OH deal with this where I work (council) because they would say a GP will have no idea of an employee’s various duties, so therefore cannot reliably decide on restrictions.

They can, but her GP has decided she’s not fit for work.

Do you know what adjustments are needed?

Agree Occupational health input may be more helpful.

When my GP decides I'm fit for work she will tick the 'may be fit for work' box and in the comments she'll put, for example, 2 x half day per week only. It is usual for the GP to have a discussion and have an overview of the patient's work as that will impact the fit note. I would expect some kind of general comment e.g. light duties only or only to sit for 1 hour at a time. From that guidance, you would then discuss with your employee how those adjustments can be made.

As someone who would very much like to be in work and has regularly had the 'I'm feeling better than I was' conversation, I would ask you to be mindful of making assumptions about your employee. You may be right but you don't know the conversations that are taking place. There have been so many times I've had my GP assessment and said I feel well enough to work and she has disagreed. (She does talk me through her reasoning).

I've no doubt there are lots of people out there taking the piss but there also lots of us who aren't. I really appreciate the compassion my employer shows me (and, yes, I feel endlessly guilty about my situation and am considering the next steps).

I’ve been give a fit note for work with reasonable adjustments and those adjustments noted.

Is she saying she needs adjustments or are you assuming?