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Chapter 9 STATEMENT OF FITNESS FOR WORK (DOCTOR’S NOTES), SICK PAY AND STATUTORY SICK PAY Section 1 : Statement of Fitness for Work The Health and Work Service Section 2 : Sick Pay Section 3 : Statutory Sick Pay 9.1 Statement of Fitness for Work A doctor can advise an employee that they: are unfit for work or may be fit for work “May be fit for work” will mean that the doctor thinks that the patient’s health condition may allow them to work if they get suitable support from their employer.. If the changes can be made the employer should: agree what changes are being made agree a return to work date agree a date to review discuss effect on pay (if applicable) discuss effect on RIABS (if applicable) carry out a revised workplace risk assessment based on the evidence from the doctor record the above in writing If after meeting with the employee, the employer cannot make the changes to support the employee in a return to work, the employer should use the Statement as if the doctor has advised “not fit for work” and pay the employee appropriately for sickness absence (note the employee does not need to return to the doctor for a new statement to confirm this) agree a date with the employee to review the situation depending on why the employer cannot make the adaptations or adjustments Can an employer refuse to follow the doctor’s recommendations The employer should consider the recommendations but if the employer cannot reasonably make the adaptations or adjustments to help a return to work or because there are industry or sector guidelines or regulations that the doctor may not be aware of, then the employer will not have to make the adjustments or adaptations.. The qualifying conditions are : 9.4.2 that the employee has advised the employer of their sickness be employed by the organisation and have done some work under their contract be sick for four or more days in a row (this is the “period of incapacity for work” “PIW”) have average weekly
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