Legal Question in Employment Law in California

Rights of an Employer

A person gets into a fender bender on their own time. Or a person injured themselves (on their personal time)and determined it was not necessary to seek medical help. A company rep. finds out. Calls the person and told them they could not return to work unless they are examined and released by a doctor. Does an Employer have the right to demand that an employee see the employees doctor to get clearance before returning to work, against the employee will, when the incident happen on personal time?

Asked on 12/20/05, 8:36 pm

1 Answer from Attorneys

Patrick Turner Patrick E. Turner Inc. APLC
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Re: Rights of an Employer

If an employer has reason to believe that an employee may be unfit for duty, it may take reasonable steps to assure itself that the employee will not pose a risk to themselves or others in the workplace. It may be that the employer is exercising an abundance of caution and wants to make sure that the employee is physically fit to return to work and will not be injured, or further injured.

For privacy reasons, it's probably better to have your own physician issue the clearance to return to work. However, if you don't have a physician or insurance, explain this to the employer. At that stage, it's probably the employer's responsibility to pay for the medical checkup, since they are making it a requirement that your continuing employment.

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12/21/05, 5:02 pm

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