Please could someone advise me on fit notes

[fingertoes]

Hi everyone, just wondering if there is anyone working in medicine/HR fields who could answer a few questions on fit notes for me.

I was due to return to work from maternity leave a couple of months ago, but my employer has refused to let me change my hours from full time to 3 days per week tofit in with my childcare. The union is trying to sort this out for me and I am currently signed off with work related stress.

My GP has offered to give me a fit note instead of a sick note, which would state I am fit to work on reduced hours but only 3 days per week. I would prefer this to being signed off completely as the longer it goes on the harder it will be to go back but I have a few queries.

-Does my employer have to abide by this?

-How long can the recommendation last for? What worries me most is that if it can only last for, say, 3 months and the situation is not resolved by then I would be forced to work full time as that would still technically be my contract.

-Presumably I would be paid for the hours I actually do rather than my contracted full time hours? That would seem logical to me.

-How does this affect my sick record? Would I not count as being sick at all or would I be seen as sick 2 days out of every week? In my company lots of periods of absence are seen as worse than one long period.

I work for a huge, household name company if that makes any difference.

Thanks for reading.

ACAS would be a good port of call for you to ring. They'll be able to advise. Google them.

Fit notes replaced sick notes. Your doctor will have ticked a box that says fit to return to work with restrictions and in the comments box put the restrictions as 3 days a week. Your GP is saying effectively that you are currently fit to work for 3 days a week.

The doctors comments are not binding. For example, if a lorry driver got a fit note that said 'fit for work but no driving' his Company may have to leave him on the sick if they can't find him something else to do. The fit note is about trying to enable people to return to work.

Regarding pay etc, it depends on your company. We have people return on restricted hours (but always with a plan to get back to contract) and pay them the sick pay equivalent for the hours that they don't work (but I do work for a generous employer).

You should be submitting a flexible work arrangment request if you want to work 3 days. Your 'work related stress' has no impact on whether you can have a 3 day contract.

Have you been asked to see Occupational Health yet?

Word of warning - the Company will need a business reason to say no to your request but you will need to show how the Company will benefit and how your work will be covered. It is not judged on your child care issues.

Hi TheVisitor- Thanks for your suggestion of ACAS.

Hi Poogles- I have put in a formal request for flexible working but the company have refused it saying that the job does not work very well when performed part time. I understand this could be a business reason, but apprx one third of my team are mothers working 2 or 3 days per week! So I do think it's a bit unfair that they are allowed to do it and I am not to be given the same opportunity. I proposed a job share with one of these other ladies, but the company did not address this at all in their refusal. No, I have not seen Occupational Health.

Have you appealed their decision yet? If not, you need to and you should outline how you believe the work will get done.

Not knowing the details, I'm guessing that although people do work part time, they have reached their limit on how many hours they need worked to get the job done. Unfortunately, the fact that other people do part time doesn't mean you can also have it.

Those working part time, already have either buddied up with someone on a job share or had the work from the days that don't work reallocated. You are now proposing to work 5 days instead of 3 so you will need to account for how the other 2 days work get done. Are their tasks that don't really need to be done? Does anyone have any slack that can be filled up? Is there anyone else that would like to work part time that is working full time at the moment?

Talk to your union. They should be able to talk you through this and should be putting up the fight for you!

You should ask them to explain why the job doesn't work well part time, although be aware that they may have 'evidence' of this with regards to the job not being done properly by the current part timers. Until you know why the job 'doesn't work well part time' you won't be able to address their concerns and show that it will.

Hi fingertoes

The fitnote replaced the old sicknote, so you are either signed unfit for work, or fit for work with adjustments. As Poogle says, the intention of reduced hours is to enable someone to gradually build up to their usual contracted hours and duties in a supported way. Employers pay your normal salary whilst you work less hours or duties, and you are not considered on sickleave on the down days.

It sounds like you are trying to obtain part time working hours by 'the back door' by using the reduced hours on the fitnote. This would really only be a option in the short term while you and your employer seek a resolution. So, either you then revert to full time, or they reconsider your request and agree to a contract change.

Hope you get sorted.

Hi everyone, thanks so much for the replies. Sorry it's taken me a while to get back, my little one has chicken pox and is wanting lots of extra attention!

To be honest, my doctor suggested this to me as a way of getting to do part time hours "by the back door". But when I thought about it, I thought surely it can only be a very short term thing and is probably not the best idea!

My union are helping me appeal the company's decision, but to be honest I expect them just to say no again. I have no clue what the next step would be then, or if that is the point at which I will then have to just give my notice in.