When Can Employee Medical Examinations Be Required?

As an employer, you want to hire the best person for any job. You also want to ensure your employees are safe and that no employee compromises the safety of others. These are some of the most common reasons employers may require a medical examination: to ensure that the employee is fit for duty and capable of safely completing the job requirements.

Here are the circumstances under which an employer might legally require a physical or other medical examination:

• Fitness for duty exams

• These may be administered upon returning to work from medical leave, including Family and Medical Leave Act (FMLA) (if the leave was for the employee’s serious health condition) or workers’ compensation injury leave. In the case of the FMLA, this should come in the form of a certification from the healthcare provider. If the employer still has an objective basis for concern about an employee’s ability to return to work, a further medical examination may be required.
• They may also be administered if the individual’s fitness for duty is called into question, in some cases. For example, if an employee is at work but stating he or she has a physical limitation that does not allow   completion of the job. Another example would be if there is objective reason to worry that the employee may be unable to perform the work or may be a threat to himself or herself or others.
• When there is a job-related reason for a physical or other medical exam before the start of work. Typically, these are administered to confirm the employee is capable of safely completing the job requirements. It should be limited to only factors that are relevant to the job, and it should be administered in a consistent manner. It should also be conducted in a way that does not unfairly screen out people who have disabilities.
• Medical certification related to FMLA leave. Employers are allowed to ask any employees taking FMLA leave for their own serious health condition to show eligibility through a medical certification from a healthcare provider. Even in these cases, however, the only information that should be given to the employer is information relevant to the need for FMLA leave. And in some states, the employer is not to see the diagnosis but only the work restrictions.
• Preemployment drug tests. Drug tests are usually legal (and sometimes required) as a condition of a job offer, as employers have a duty to ensure a safe working environment. Whether or not additional drug tests are allowed after employment has commenced—and the circumstances in which they’re allowed—varies by state and local law.

When Should an Employer NOT Request Medical Exams?

We’ve outlined above several scenarios where it is acceptable for an employer to request a medical examination in some capacity. However, even in these situations employers must be sure to be in compliance with applicable laws, such as with the  ADA, the  FMLA, and the Genetic Information Nondiscrimination Act (GINA).

As such, employers should not request medical exams:

• Before making a job offer. Wait until after the job offer has been accepted to conduct physical assessments. Even then, be consistent with all employees for the same or related job roles.
• On an annual or other schedule without any other prompt. There are exceptions to this, such as jobs involving public safety in which it is prudent to ensure that employees are continually fit for the role. Even then, the exam must be limited to items that are relevant.

Additionally, employers should remember that any employee medical information that is obtained for any reason should be filed separately from the rest of the personnel file. This allows this information to be more closely secured and monitored than the rest of the employee file—ensuring that no one sees this information who does not have a need to do so.

*This article does not constitute legal advice. Always consult legal counsel with specific questions.
 

About Bridget Miller:

Bridget Miller is a business consultant with a specialized MBA in International Economics and Management, which provides a unique perspective on business challenges. She’s been working in the corporate world for over 15 years, with experience across multiple diverse departments including HR, sales, marketing, IT, commercial development, and training.