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Fit note duration - 3 months

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  • Fit note duration - 3 months

    Hi all and thanks in advance for advice

    I had handed in a fit note to my employer which stated 3 months as the time I wasn't fit for work.

    My HR department is claiming that a month in this instance would be defined as 28 days so are looking for a further fit note to cover the extra week I was off.

    AS far as I, and my doctor is concerned, 3 months on a fit note is 3 calendar months.

    Who is correct here please?

    Thanks again
    Tags: None

  • #2
    A calendar month is actually the 30 or 31 day period in a specific month or in the case of February 28/2 9 days depending on the year

    Fitness to Work Certificates should have an end date that your doctor should have completed to confirm when the 3 month period ended.

    Assuming an average month around 4.33 weeks then 3 months is approximately 13 weeks.


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    • #3
      If the GP said 3 months from the date the GP signed you off but didn't state the end date I would expect that to mean 3 calendar months. That is the general meaning of 'month' in English law. I am not aware of any special meaning of 'month' as applying to fit notes.

      So if a GP signs you off from (and including) 13 January you are fit to start work again on 13 April (your last date of being signed off is 12 April).

      I cannot think of any reason why they consider that a month means 4 weeks/28 days. Have they given a reason? Can your GP issue clarification?
      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

      Comment

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