Employer Handbook for Statutory Sick Pay

New from 6 April 2010

Revised statements on fitness for work

As part of the wider package of reform, the Department of Work and Pensions intends to amend the current medical statement or ‘sick note’

The current statement limits the information doctors can provide to patients and their employers about fitness for work. Changing the form will allow GPs to provide advice to their patients about how their condition affects their fitness for work, which could prove to be an important aspect of the patient’s recovery and return to work.

The revised medical statement will continue to allow GPs to advise whether an employee should refrain from work,but will also be able to advise whether it would be appropriate for them to do some work. This will give employers greater flexibility in managing sickness absence. Where this advice is given, the doctor will provide additional information which will help employers consider whether basic adjustments could be made to assist someone to return to work. (For example, allowing someone with back pain to take regular breaks away from their desk for exercise).

The employer will not be bound to implement the doctor’s suggested changes which will be provided at the discretion of employers and with the agreement of the employee. Where no changes are made, the medical statement should be considered as evidence of the individual being unfit for work for sick pay purposes.

These changes are subject to Parliamentary approval. However, it is intended that the revised medical statement will be introduced in April 2010. Guidance, including how the changes affect SSP will be made available in February 2010.

More information on the revised medical statement and guidance will be published on www.workingforhealth.gov.uk

Paid leave during SSP

Under a European Court Ruling in January 2009, any employees are entitled to paid leave during periods of sickness

Where an employee who is on sick absence and in receipt of SSP, takes paid leave, their entitlement to SSP continues if their period of incapacity to work continues.

You can offset the paid leave earnings against the SSP you have to pay for the same day(s) and as long as you pa yearnings of at least the daily SSP rate due for each QD.You would not need to make any other payments, unless you wish to. However, if the amount due for paid leave is less than the amount due for SSP on the same day, you must top the payment up to at least the level of SSP.

The above guidelines apply to all employees on sick absence on or after the date of the ruling on 20 January 2009.

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