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returning to work after sick leave

I have been off work the last 5 weeks with a serve bad back, i now feel able to return to work, but my employers says i need a note from doctors to confirm im fit to work.
i will have to take at least 2 days off more now to wait for doctors appointment, will i be entilted to full pay as i am will to work?
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Comments

  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Has your current fit note expired?

    If yes, then you do not need a medical certificate confirming you are fit to return.

    If the fit note says you are not fit for work, and hasn't expired then you will need to go back and get confirmation that you are now fit for work.

    Even if your fit note has expired, the employer is entitled to ask you to remain away from work while a risk assessment is carried out, or until you have been seen by the OH or the company doctor, for example, but that is a medical suspension and you are entitled to full pay.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • pink_princess
    pink_princess Posts: 13,581 Forumite
    Just ring your doctor tell them you want back to work as you are now fit to and he/she will sign you fit without an appointment .You can just go pick it up like a repeat prescription .Why do you think your employer should pay you two days wages that your not working ? Im just curious .
    Life is short, smile while you still have teeth :D
  • cavework
    cavework Posts: 1,992 Forumite
    A DR cannot confirm you are fit for work , all the DR will do is either issue another sick note unfit for work or return to work with advisory notes or not issue another sick note. , if your sick note has not expired and states you are unfit to work you will only receive SSP until your next DR,s appointment.
    You don't have to wait until the sick note expires to go back to the DR if you feel you are well enough to return to work.
    As for being paid in full in the interim?
    Did you have a return to work meeting before your sick note expired?
    Did your DR say that this was probably the last sick note?
    If the DR adds advisory notes .. ie a gradual return to work then your employer has the option if they cannot accommodate to keep you on SSP until you are fully fit.
    If your sick note is still current then the employer does not have to pay full pay just because you feel you can return to work and you will remain on SSP.
  • more to the point what has your employer done so that your return to work will be ok, have they asked you about how work may affect you and you back problem, you need to make sure everything is in place before you go back or you could find your self off again with the same problem
  • Has your current fit note expired?

    If yes, then you do not need a medical certificate confirming you are fit to return.

    If the fit note says you are not fit for work, and hasn't expired then you will need to go back and get confirmation that you are now fit for work.

    Even if your fit note has expired, the employer is entitled to ask you to remain away from work while a risk assessment is carried out, or until you have been seen by the OH or the company doctor, for example, but that is a medical suspension and you are entitled to full pay.


    My fit note has expired now, feeling better, so wanted to return.
    Employer told me to stay off till i get a fit note.
    I understand them wanting doctors word to say i fit to work for there ins purposes etc, but feel i shouldnt have to claim the extra days ssp when i could and willing to work.
  • Just ring your doctor tell them you want back to work as you are now fit to and he/she will sign you fit without an appointment .You can just go pick it up like a repeat prescription .Why do you think your employer should pay you two days wages that your not working ? Im just curious .

    feel i shouldnt have to claim ssp while i am willing to work
  • If your current fit note has expired, presumably they are expecting you back at work unless you produce another note? Therefore you should be able to go back...
    MSE aim: more thanks than posts :j
  • If your current fit note has expired, presumably they are expecting you back at work unless you produce another note? Therefore you should be able to go back...

    Thats all i want to do, return to work, but my boss is being awkward and saying come back thursday with a note from doc stating i am fit to work, thats ok, but i should be paid as im willing to work.
    Said it would be bad on his part if he didnt follow rules, must be the 1st time ever the company has followed rules:mad:
  • bluenoseam
    bluenoseam Posts: 4,612 Forumite
    No your boss is covering his backside, if you were to get hurt if you went back tomorrow then the company could find themselves in a tricky position - where if you get a fit to work note from the doc then it fully covers them particularly with insurance, especially in this day and age not a bad idea. As for your pay, SSP for you i'm afraid, just because you're willing doesn't mean you've worked - so therefore you're NOT entitled to wages.
    Retired member - fed up with the general tone of the place.
  • This is off CABs website under 'Rights to pay'

    All employees are entitled to be paid for the work they have done. They are also entitled to be paid if they are ready and willing to work but their employer has not provided them with any work to do, unless your employment contract says otherwise.
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