Can an employee on long term paid sick leave be compelled to attend an Occupational Health (OH) Advisor? Is the OH practitioner entitled to question the employee on his/her medical history, family history etc and send this information back to the employer in a report? Is the employee then entitled to be given that report?

An employee cannot be forcibly compelled to attend any medical examination. However, an employer can attach conditions to the contract of employment and particularly to a sick pay scheme. In that way an employer can stipulate that, in order to be entitled to sick pay, an employee is obliged to co-operate with requests to attend for medical examinations to determine the individual’s fitness for health and related issues. Threatened or actual withdrawal of sick pay by an employer can have a remarkable impact on an employee's willingness to co-operate. Of course, as with any employment provision, clear drafting is essential.

Once an employee is attending at a medical examination the physician