Major issues regarding returning to work from sick - Fit note?

Bella79

Please someone help us!

My husband has been signed off sick for 4 weeks (till sept), however he now feels ready to return back to work.

He contacted his employer and returned to work, however the employer sent him home, saying he needs a return to work note (fit note?)

His sick pay has now run out, so goes onto statatory pay. which means he is losing a lot of money, he has already according to his employer lost sun/mon wage. even though he returned and they sent him home

We have spoken to ACAS, and his Dr and keep getting conflicting advice. His Dr says there surgery does not issue them, that they are not required by law. Full stop. He can just return without the need for one and they dont exsist anymore.

Acas say its the Drs discrection.

Then another Dr who called us back, says the reason they can not issue anything is because the origianl note is untill the end of sept, and nothing can be done untill that one expires. but even then they do not issue them!

So we are stuck, employers will not budge - they need to know he is fit for work. Dr says there not needed, will not issue :mad:

Apparently his employers are covering themselfs for insurance.

We just dont know what to do. he is now losing money everyday hes off and we cant afford it. ANY help would be greatly appriciated.

KiKi

I agree with the employer.

Your OH has been signed off too sick to work, and wants to come back 2 weeks early. Your employer is absolutely right to question that, especially if they're thinking that it's because his sick pay has run out, rather than it's because he's actually fit enough. It's not just about their insurance; they have a duty of care to him.

You will need to insist that the doctor reviews the position and writes a fit note - that would be the pragmatic thing.

However, I don't know the legal position on this, I'm afraid, but hopefully someone will come along soon who does know.

Uncertain

Bella79 wrote: »

Please someone help us!

My husband has been signed off sick for 4 weeks (till sept), however he now feels ready to return back to work.

He contacted his employer and returned to work, however the employer sent him home, saying he needs a return to work note (fit note?)

His sick pay has now run out, so goes onto statatory pay. which means he is losing a lot of money, he has already according to his employer lost sun/mon wage. even though he returned and they sent him home

We have spoken to ACAS, and his Dr and keep getting conflicting advice. His Dr says there surgery does not issue them, that they are not required by law. Full stop. He can just return without the need for one and they dont exsist anymore.

Acas say its the Drs discrection.

Then another Dr who called us back, says the reason they can not issue anything is because the origianl note is untill the end of sept, and nothing can be done untill that one expires. but even then they do not issue them!

So we are stuck, employers will not budge - they need to know he is fit for work. Dr says there not needed, will not issue :mad:

Apparently his employers are covering themselfs for insurance.

We just dont know what to do. he is now losing money everyday hes off and we cant afford it. ANY help would be greatly appriciated.

The doctors are (quite righty) refusing to do anything they are not obliged to do under their NHS contract.

I'm a little out of touch but the old style sick note specifically stated "for social security purposes only". Maybe the current one does too? This was widely ignored and it was used by firms for all purposes.

The GP can provide a professional opinion that he is fit to return to work but would be quite entitled to charge for doing so.

I would explain this to the firm and ask if they want to pay for a private certificate.

Bella79

Thank you

We have all but pleaded with the Dr, her opnion is he is fine to return, but as you do not legally require a note to return, they do not issue them. NIGHTMARE

ohreally

Why not let the original certificate run till it expires and then return to work?

Bella79

We thought of that, but even if the orig note expires. the employer still wants a return to work note. We would happily let it run if he could then return. But the emploer would still insist on one.

anmarj

http://www.nhs.uk/chq/Pages/2559.aspx?CategoryID=87&SubCategoryID=87

this appears to be relevant to your situation, according to that the GP does not need to provide a note saying you are fit to go back, but the employers have to agree that you can go back before the end of the fit note