Retrospective fit note, is it legal

Hi R

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With regard to your question. I have read the guidance which the DWP send to GPs regarding fit notes and from my understanding (and I am not an expert in this matter) is that they can issue retrospective fit notes in some circumstances. And that the date you were unfit for work will be different from the date you were assessed. It makes no mention of it being 'illegal'.

Can I back-date a fit note?
Yes - in certain situations, parts of the fit note
may need to include dates which are earlier than
the date of the statement.
If you are issuing a fit note based on an
assessment conducted at an earlier date, you
should enter the date of this earlier assessment
in the date of assessment field.
If your patient’s condition has affected their
function for some time without a previous fit
note being issued, you must enter an estimated
date that their function was affected from in the
this will be the case from field.

From the Fit Note - GP Guidance (last update 2016) DWP

If you click on the link below - you can see. It's on page 19. I would suggest you take a copy along to your GP and try again. (you may need to print the whole document or they may not think it is genuine - or you could ask your GP manager - if there is one - if they have a copy)

assets.publishing.service.gov.uk/governm...ote-gps-guidance.pdf

BIS