Hi there,

We’ve been debating in our team whether the new Fit-Note allows for an employee to return to work before the expiry of their prescribed "not fit for work".  EG. Someone has been signed off for 2 weeks but feels well enough to return after 1 week.  Do they have to return to the GP to obtain an updated Fit-Note or would the employee be able to make the decision themselves.

From a Payroll perspective, they feel that the employee can return without a further Fit-Note.  From a HR perspective, we would have concerns about employer liability, say if the employee had an injury at work whilst being officially signed off sick, would it invalidate any insurances.  HR understanding is that the only variation would be to any recommendations made by the GP such as phased return/adjustment of duties/hours and agreements with the employee, so the GP advice is a guideline but not necessarily set in stone if the employee felt able to do more.

Your thoughts and experiences are most welcome in clarifying this debate.

Thanks