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
Issues covered:

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

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Back to Q&A's This article is correct at 02/09/2015

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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

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