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?

Posted in : First Tuesday Q&A ROI on 3 July 2012
Barry Walsh
McDowell Purcell

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

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Back to Q&A's This article is correct at 02/09/2015
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Barry Walsh
McDowell Purcell

The main content of this article was provided by Barry Walsh. Contact telephone number is +353 1 828 0600 or email bwalsh@mcdowellpurcell.ie

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