From 6 April the ’fit note’ will enable doctors to recommend if a patient ’may be fit for work’ as well as having the option to advise that their patient would be able to work, subject to the employer’s agreement, if changes such as a phased return to work, reduced working hours or amended duties can be accommodated.

Hayes told Recruiter that only models and home workers would be exempt from the legislation as all other temp workers would be entitled to statutory sick payments.

In preparation for the forthcoming legislation, Leatham Green, HR director at East Sussex County Council and lead officer on wellbeing, job creation at the Public sector for People Managers’ Association (PPMA), told Recruiter that the council is compiling a guidance pack on how the fit note legislation will affect those working within and around the council. Green adds that he expects the council’s neutral vendor to advise casual/agency workers of any changes that will affect them.

Ross Eades, CEO of Kellan Group, told Recruiter the firm will have a policy in place to conduct full back-to-work interviews for temp workers and also internally as well as providing an advice point to advise consultants on how to approach issues arising directly with clients.

RK Accountancy has developed a number of client briefings, said Paul Waite, managing director. The briefings will ensure that anyone who employs temporary workers through the firm knows about the legislation, understands what RK Accountancy are doing and can ensure that their HR function works in partnership with the firm.

Meanwhile, Hayes urged employers and agencies to review absence management policies before 6 April. “Employers should ensure that they have the contractual right to refer an employee to an independent medical adviser in the event of their sickness. This will mean the employee will be in breach of contract if they refuse to be examined by a company-appointed doctor. Employers also need to be careful not to fall foul of disability discrimination legislation and make any necessary reasonable adjustments to fulfil obligations under the Disability Discrimination Act 1995 (temp workers are covered under section 12, DDA 1995).”