It's inevitable that your employees will take days off because they are ill or injured. But if those days turn to weeks, it can severely hinder staff rotas, affect budgets and disrupt continuity for the children. It is hoped a new scheme will help to reduce long absences by supporting employees to return to work sooner.
The 'sick note' system, provided by doctors to certify absence from work, was replaced in April this year by a single 'Statement of fitness for work', dubbed the 'fit note'.
The 'fit note' aims to give more useful information on how an employee's condition affects what they do and how they might be able to return to work. It is not meant to force people back to work before they are ready.
It's not all change. Employees can still self-certificate until they have been ill for seven calendar days. Statutory sick pay requirements stay the same and the employer's duty to make reasonable adjustments for disabled employees under the Disability Discrimination Act 1995 remains.
Appropriate Support
Previously, doctors could only advise on whether patients should or should not be at work. Now doctors have two options: to say whether in their opinion the patient is 'not fit for work' or 'may be fit for work'.
A doctor will give a 'may be fit for work' statement if they think your employee's health condition may allow them to work, as long as you give them appropriate support. This support could include:
- a phased return to work, for example when an employee is recovering from an operation;
- altered hours, allowing the employee to, for example, avoid rush hour traffic;
- amended duties, such as avoiding lifting children and equipment if your employee has a back injury;
- temporary workplace adaptations, for example moving an employee to a room on the ground floor if they have difficulties with stairs.
Managers should discuss the doctor's advice with the employee, to ascertain whether it is possible for them to return to the nursery.
'It is a great change that we have been waiting for for a long time,' says Carla Briars, HR manager for the Kids Allowed nursery chain. 'There has previously been the fear that if we allow an employee back early it may open the gate for further injury or the sickness to worsen, but now we can work in partnership with the doctor.
'It means we offer a bespoke service to each employee. We invest in the time to talk about their needs and adjust their role, for example a phased return or shorter shifts. People do not want to sit at home when they are feeling well enough to work, so long as we can accommodate them.'
Recovery time
If it is agreed that an employee can return to work, then you should detail what support you will provide and how long for and make clear how pay may be affected if they return to work on altered hours or duties.
Jacqui Mann, managing director of HR 4 Nurseries, warns that difficulties can come when calculating what an employee on reduced hours or duties should be paid, because there are no clear guidelines. 'Most nurseries apply statutory sick pay, but if they are working reduced hours then they should still receive some pay. It also affects their holiday allocation. A lot of things have not been fully thought through,' she says.
The doctor's advice is not binding. 'It is up to the nursery manager to decide whether they can accommodate the doctor's recommendations or not. A lot of managers do not understand this and think that if the fit note says they can come back to work then they have to allow it,' says Ms Mann.
When a doctor advises that your employee should not work, they will state a period of time. The 'fit note' can be treated in the same way as the previous 'sick note' and the absence managed according to your policies.
The new guidelines make clear that an employee who recovers more quickly than expected may return to work before the end of the advised period of absence, provided you agree. In all cases it is your responsibility as nursery manager to carry out a risk assessment when an employee returns to work. You need to ensure that there is minimal risk to the employee, other nursery staff and the children in your care. It is also advisable to check whether your insurers have any specific requirements relating to the employee's return to work.
Attention to detail
The new system is not as straightforward as Jacqui Mann had hoped. 'Nursery managers want to encourage employees back to work, but it is difficult because GPs are not putting enough information on the notes. For example, they may say light duties but what constitutes that? It is not prescriptive enough and some managers are finding it difficult,' she says. 'One nursery has a staff member off on stress. She says she wants to work, but take extra breaks - is that what the GP has recommended or her personal claim? Managers have to balance what is and is not acceptable.'
She recommends that occupational health advisors are consulted if there are disagreements, because many doctors are not trained in this area. This has cost and time implications.
With any new system, it takes a while to bed in and, while Carla Briars believes it is making a positive difference, Kids Allowed is still receiving sick notes as well as fit notes. 'There needs to be consistency across doctors, which we have not got at the moment, but overall the fit notes certainly help employees to return to the workplace,' she adds.
