Employment update - April 2010 Friday, 9th April 2010
Fit Notes - Effective 6 April 2010
The Format of medical statements, also known as medical certificates or sick notes, will change and Fit Notes will now be issued by doctors.
What is a Fit Note?
Fit notes will allow doctors to state that an employee ‘may be fit for work taking account of the following advice’, with the focus on what the employee can do, rather than simply declaring them ‘fit’ or ‘unfit for all work’.
From 6 April 2010, the new statement will mean doctors can advise that the patient either:
• is not fit for work
• may be fit for work
A doctor will give a 'may be fit for work' statement if they think that your employee's health condition may allow them to work – as long as you give them the appropriate support. If a doctor uses this option, they will give advice about the effects of the patient's health condition and, if appropriate, some suggestions about the types of adjustment or adaptations you could consider making to help your employee back to work.
While an employer won't have to act on the doctor's advice in a 'may be fit for work' statement, it may help to make simple and practical adjustments to help employees return to work and reduce unnecessary sickness absence.
If for any reason employers can't make the changes necessary to support an employee's return to work, an employer should - for sick pay purposes - consider the statement as if the doctor had advised that an employee is 'not fit for work'.
An employer’s obligation to pay statutory sick pay and make reasonable adjustments under the Disability Discrimination Act 1995 will not change.
The DWP website has further details and a sample fit note – http://www.dwp.gov.uk/fitnote/
Additional paternity leave for fathers- Effective 6 April 2010
The Additional Paternity Leave Regulations 2010 entitle employees who are fathers or partners of mothers or adopters, to take paternity leave of up to 26 weeks in the first year of their child’s life or the first year after the child’s placement for adoption if the mother returns to work before using her full entitlement to statutory maternity leave. This new right will be available to parents of children due on or after 3 April 2011.
The weekly rate of payment of additional statutory paternity pay is increased and is the lesser of £124.88 and 90% of the employee’s normal weekly earnings.
Normal minimum pension age rises to 55 -Effective 6 April 2010
The minimum age at which people can start to receive pension payments from an occupational or personal pension scheme, rises from 50 to 55.
There are exceptions, including where the scheme member has a protected pension age or severe health problems.
Right to Request Time off for Training - Effective 6 April 2010
A right to request time off to undertake training is to be introduced. The new right will be available to employees who have been continuously employed for at least 26 weeks in organisations with 250 or more employees. This will be extended to cover all employees from April 2011 at the earliest.
Forthcoming Legislation
Equal Treatment for Agency Workers -Effective October 2011
The Agency Workers Regulations 2010 come into force in October next year and will entitle agency workers to certain working and employment conditions, which already apply to employees, after 12 weeks in the role. An agency worker is defined in the regulations as, “an individual who is supplied by a temporary work agency to work temporarily for and under the direct supervision and direction of a hirer”
Once an agency worker has worked in the same role with the same hirer for 12 weeks, they will be entitled to the same terms and conditions as if they had been recruited directly by that hirer.
Statutory Maternity Pay extended – implementation date to be confirmed.
The Government has confirmed that its goal to extend statutory maternity pay; statutory adoption pay; and maternity allowance to 52 weeks is under review.
