Medical certificates - Understanding return to work dates

Written by Ian Congreave - Filed under: Sick Pay on September 9th, 2009

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The following item is appreciatively reproduced from the 1 September issue of News On Line, the newsletter of the Institute of Payroll Professionals (IPP).

An IPP member emailed the policy team with a very interesting query as follows:

“We are having problems with employees, with sick certificates, misinterpreting the length of sickness. I have had two such occurrences this week. For example, one had a certificate stating “they should refrain from work until 22 June” and they returned on 23 June! The other had a certificate dated 22 May for one month and returned on the 23 instead of 22 June.”

The Policy team emailed DWP to ask if they could provide any guidance which could provide an understanding of the period of absence end date. Here is the response from DWP:

“The format and rules for completing medical evidence are contained in the Social Security (Medical Evidence) Regulations 1976 and the Statutory Sick Pay (Medical Evidence) Regulations 1985 and the obligation for registered medical practitioners to issue them are included in the contracts between National Health Service General Practices and their local Primary Care Organisations.

Legislation states that the doctor’s statement should specify the minimum period during which, in the doctor’s opinion, the patient should, refrain from work. Where the patient is fit to return the statement may provide a date for return. If the patient is given a date they can return to work, the date entered should not be more than 2 weeks after the date of examination. Therefore, where the GP has entered a date after ‘ you should refrain from work until’, this is the date the GP considers the patient is able to return to work. This is specified in Part 3 (Notes), of Schedule 1 in the above regulations.

Where a GP states a person should refrain for work for a period of sickness in months, this is treated as a calendar month. Therefore for example a certificate dated 10 August for a month, would end on 9 September.

The Department does not provide any further guidance on the interpretation of dates for doctors, but provides guidance to doctors regarding their responsibilities both to their patients and to those providing the benefits to ensure timely and accurate medical evidence.

I understand that some employees may misinterpret what a calendar month means or that a specified date on a medical statement means that they should return to work on that date. As you are aware, under the SSP scheme it is up to the employer to decide whether they accept that their employee is incapable of work and accept any medical evidence given to support payment of SSP. As such it will be for the employer to advise their employee of when they are expected to return to work.”

Further information:
News On Line (membership site)

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Written by Ian Congreave -

Filed under: Sick Pay on September 9th, 2009