An employer may allow someone to return to work whilst they still have a live fit note- there is no longer a mechanism by which a GP can sign someone back on as such. However, if your employee asks to return to work in those circumstances, you need to understand why. An employer has a duty to protect their employee’s health and safety and it is likely to be appropriate to seek further medical advice and/or carry out a risk assessment before allowing someone to return prior to the expiration of their fit note. It the employee refuses to agree to this then the employer is under no obligation to allow them to return until their fit note expires.
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