New employment legislation

Today sees a number of new employment legislation rules come into force.

They include:

“Fit” rather than “sick” notes

New “fit notes” come into use from April 6 2010. The stated intention is to focus minds on what can be done to assist a return to work and prompt useful discussions between patient/GP and employer/employee.

The GP is required to complete a tick-box section to confirm whether they consider a phased return to work, altered hours, amended duties and/or workplace adaptations would enable the employee to return to work. The GP is required to select “you may be fit for work taking account of the following advice…”, which essentially shifts the onus onto the employer to determine whether an employee is fit to return to work.

As a result, the new fit notes are unlikely to negate the requirement on employers to obtain a specialist medical report, particularly where there is a risk the employee is disabled. However, it is useful that the new “fit notes” are computerised statements instead of handwritten notes which are often illegible.

New right to request unpaid time off to train

Employees working for employers with 250 or more employees will have this new right from today. It will be extended to all employees from April 6 2011. Under the new rules, employees need to have completed 6 months’ employment and the training must be for the purpose of improving their effectiveness at work and the performance of the business.

Additional paternity leave and pay

From today, new regulations come into force providing for additional paternity leave and pay to parents of babies born (and adoptive parents notified of a match) on or after April 3 2011. Eligible employees will have the right to take up to 26 weeks’ paternity leave, if the mother (or primary adopter) returns to work early.

If you have any queries on the aforementioned issues, please contact the Employment team on 01254 258321