A Fitnote Query???

[sarahsacc]

I have an employee that hurt her back at home on 05.08.12. She came into work on 06.08.12 and started to work without mentioning the back injury when I asked her if she was ok she replied 'not really I've hurt my back' to which I immediately asked her if she wanted to go home. She insisted on staying after an hour and a half I could see she was struggling so i again suggested she went home - at this point she agreed that she couldn't continue and left.

 

I didn't hear anything from her on the 07.08.12 and texted her on 08.08.12 to find out what was happening? She texted back to say that she couldn't get into the doctors until 10:50am the next day on 09.08.12. Later that day she brought in a Fitnote signing her off work for 1 week.

 

Today I am entering the absence data into a program I have when I realised that the Fitnote is signed as 'I assessed your case on: 13.08.12' - This is where my problem lies!

 

The date applied by the doctor to the Fitnote states the assessment date was 3 days after she was actually seen pre-dating the fitnote. The 'FROM' and 'TO' date has not been filled in on the form either it has only been marked as 'You are not fit for work'

 

My question is this? How do I stand with this? I have phoned the doctors to see why they have pre-dated a Fitnote but the doctor who signed it was not available today. The Fitnote was actually signed and presented to me on 09.08.12 so how can the doctor write that the day of assessment was 3 days in advance? Is this legal?

 

I've tried to find guidelines on the writing of Fitnotes by Doctors and I know that they can be back-dated but can they be pre-dated?

 

Any advice would be most greatly received.

 

Kindest regards

[Emmzzi]

I expect they mean "abstain from work until the 13th". Clearly it's an error, nothing to get excited about. Just ask your employee to get a proper one.

[sarahsacc]

I expect they mean "abstain from work until the 13th". Clearly it's an error, nothing to get excited about. Just ask your employee to get a proper one.

 

Thanks for your comment but I think you have miss-read? The Fitnote was issued on 09.08.12 but was pre-dated to 13.08.12 3 days into the future. My question is: Is this allowed/legal? If the fitnote was issued on 09.08.12 and was handed to me on this date surely the time off required would be 1 week and 2 days?

 

It was signed on 09.08.12 giving 1 week off so the return to work date for this person is tomorrow but the fitnotes assessment date was declared by the doctor to be 13.08.12 which is impossible as it was in my po cession before then. Surely this is not allowed as this is fraud???

[Emmzzi]

I think you mean issued on 13th and predated to 9th?

 

I'm not sure it's worth fussing over. did you give your employee a self cert. to fill in for the first few days off? That'd cover it.

 

Just pass the problem back to the employee to get you proper notes, self cert or GP, that cover the required period.

 

No clue about legalities as I am not a GP. But I do think you are a tad over excited. Humans make mistakes!

[sarahsacc]

I think you mean issued on 13th and predated to 9th?

 

I'm not sure it's worth fussing over. did you give your employee a self cert. to fill in for the first few days off? That'd cover it.

 

Just pass the problem back to the employee to get you proper notes, self cert or GP, that cover the required period.

 

No clue about legalities as I am not a GP. But I do think you are a tad over excited. Humans make mistakes!

 

NO! It was given to me on 09.08.12 but pre-signed to the 13.08.12 so I don't mean the other way around and I'm not overexcited! I posted on here because I'm looking to see if someone has guidance on whether or not a doctor can pre-date a Fitnote so if you do noty know then that is fine I'll wait until someone else in the know can answer my enquiry.

 

Thanks for your help

[Emmzzi]

issued on 9th and dated 13th is post dated surely? not pre-signed?

[sarahsacc]

yes

[Emmzzi]

ok. so they have issued a note that starts on the day that self certification ends, which makes some sense at least.

 

but without a time period in which they may return to work, it is still useless to you.

 

The doctor is not obliged to discuss anything with you so I still say you need to pass it back to the employee to get their documentation in order. You will require a self cert and then an accurate fit note if they are still unable to return to work.

 

I have checked the CIPD website and can find nothing on legality or otherwise. It would be highly unusual to seek legal redress for this, as I am not sure what your actual loss is.

[mariefab]

Does it say 09.08.12 after 'Date of statement'?

 

If so, I wouldn't worry about fraud or illegality. Surely, it's more likely that the doctor simply made a mistake.

[lbruk]

Its just a badly filled out form, which is not unusual for a GP, the post-dating as Emmzzi said is to go from the end of the self-certification date, its unusual for a GP to do this, but certainly not illegal, as you self certificate first then have the note to fill in the rest of the time off.

 

I would hand it back to allow the employee/GP to fill in the rest. Or ask for another note with expected return date on it.

[zoso34]

You could just photocopy it and file it away. At least that's what my employer did with all mine!