Legal Question in Employment Law in California

Can employer require medical attention for non work related issue?

CI have been dealing with a private health concern and am under the care of a physician. This issue has never caused me to miss even an hour of work. My evaluation indicates that I am an expemplary employee. Can an employer require me to leave work and see a physician before I can return, if my health concern (which he overheard), is not work related and does not impact my patients or coworkers? Don't I have the right to refuse medical care at any time? When I told him I did not feel the need to leave work and seek medical attention, he contacted security to ''escort'' me to the emergency room, humilitating me in front of my colleagues.


Asked on 12/09/05, 12:40 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Can employer require medical attention for non work related issue?

Employers can require that employees take a "fitness for duty" examination, when there is cause for concern as to whether an employee can perform their job or be a health risk to themselves or other employees. There is no bright line test as to what is sufficient cause for such concern. Each case must be decided on its particular facts.

However, the employer has no right to know what your health issues are or have access to any other private medical information about you. It only has the right to know if your are fit for duty. Toward this end, make sure that whatever health care provider you see, is made aware you are not authorizing them to release your medical information to your employer, unless you expressly agree to release this information. They will have you sign a medical release form if you choose to authorize the release.

Read more
Answered on 12/13/05, 4:40 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California