Fit note question

[user9900998]

I have been off work with a long term sickness, I requested a new fit note and stated that I will be having an occupational health appointment. The GP has now marked me as may be fit to work. The fit note is dated 19/1 - 2/2.
Does this mean once I have had my occupational health assessment do I go back to work?

Not necessarily. The GP is just acknowledging that you might be fit to work soon. You can absolutely request a further fit note. See what happens with OH.

No …just that you might be fit for work…you would just need to request another fit note after that date if you need one

If OH state I am fit to return with adjustments do I then go back?

If you're ready to go back, then yes. If you don't consider that you're ready, then ask for a further fit note. Your GP overrides OH.

Only if you think you are well enough….otherwise you get another note….it’s not for OH to say you are well enough to work

Your GP may also support a therapeutic return. This means you are still covered by a fit note but can spend some time working on restricted duties to see how it goes. This means you don't have an additional episode of sickness if you need to stop the therapeutic return because you're not well enough. Your employer and OH would need to be on board with this.

Yes, if you are able to. Have a good think before the OH meeting about what adjustments could be made to enable you to return and also about what a return to work plan would look like. You can request “may be fit for work” to cover any phased return or time until required adjustments can be made.

What is your situation? Do you feel you can return soon? If OH say you can return and you disagree you can go back to your GP for further fit notes, but be aware that situation can result in your employer withdrawing any discretionary occupational sick pay above SSP.

I am hoping to be back on 2/2, i don't feel ready now even with adjustments

Yes and no. You certainly can’t be forced to return if you have a sick note and your employer must pay SSP. But if you’re receiving occupational sick pay there is normally a clause it the contract along the lines of “must co-operate with OH”. So please don’t encourage the OP to go in all guns blazing, it’s better to work with OH to try to plan a return.

What is happening between now and 2/2? That’s not very far away, when is your OH meeting? If you feel you can start a phased return at the start of February that is very likely to be something OH could agree to.

OH meeting is tomorrow, I don't feel ready for a phased return just yet

sorry posted too soon but hopefully will be by 2/2

Ok, that sounds positive. Be honest with OH, say you feel you need another week or two off completely because xyz, but then you would like to try a phased return from 2 feb with abc adjustments in place. Try to be realistic about adjustments, but OH can (sometimes) be very helpful and they tend to be driven by a desire for a return to work plan that sticks rather than rushing you back and then you going straight back off again. I hope yours are that type.

During the OH you get to say how your health is at that current time, whether you feel able to cope to return to work, that can be physically, mentally, emotionally. This also depends on what you do for a job, what it entails eg lifting, bending.
The OH assessment is basically a discussion as to how you are and how they can support you. If the OH report recommends more time off then you can request a fit note from your GP on these grounds.

If I was to say to OH I am ready to return when my current sick note expires would that be ok?

Whatever you want to say is ‘ok’ …l why wouldn’t it be?

You may have already had your meeting, in which case I hope it went well.

With a long term absence, OH will be mainly wanting to work out if you’re ever likely to return. In my experience they love it when an employee has a plan for how to come back, especially if it’s a reasonable plan. please do ask for a phased return if you’ve been off for a while, it’s generally very helpful in reducing the risk of you getting overwhelmed and bouncing back off sick again.

So yes, it will be absolutely ok if you tell them you feel able to return in February. You will have to give them some sort of reason, but don’t overthink it. “My pain is improving but I need another week to start exercises”, “the new medication/counselling/yoga is helping my mental health but I want to make sure I’m stable”, “I’ve made changes so I’m coping better but need more time to get everything in place” whatever is true.