THE MEDICAL EXAMINATION FOR WORK IN FRANCE
The medical examination is a compulsory formality for employee in the case of hiring. It is to assure if the employee is fit to have the functions proposed to him/her.
Medical examinations carried out with occupational medicine must make it possible to avoid deterioration of employees’ health because of their work. According to their results of the visits, the occupational physician may propose different measures to the employer.
There are various medical examinations which the employer must and / or may submit its employees
Medical examination during the hiring process
The employee must undergo the medical examination before his hiring or, at the latest, before the end of his probationary period. It is at that moment that the doctor makes the employee’s medical record.
This visit ensures that the employee is able to perform his/her job. During the visit, the employee must be informed of the risks which his workstation exposes him and his medical monitoring or the means of prevention to be implemented if necessary.
A new medical examination is not compulsory, if:
- The employee is taken to a similar job;
- The employee has been certified fit in the last medical examination of less than two years in the event of the re-employment of the employee by the same employer;
- The employee has been certified fit from the last medical visit of less than one year if the employee changes company.
These visits, which take place at least every two years, enable the occupational physician to ensure that the employee’s medical fitness is extended to his workplace. Apart from periodic visits, the employee or the employer can request visits to the doctor. If the request for a visit to the doctor has come from the employee, it does not justify a sanction.
Recovery and pre-recovery visits
A recovery visit is compulsory for employees after an absence because of an occupational disease, after a maternity leave, after an absence of at least eight days due to an accident at work, after an absence of at least twenty one day due to illness or non-occupational accident and repeated absences due to health reasons. The goal of this examination is to determine if the employee is fit to resume employment and / or whether it is necessary to adapt his working conditions.
This examination shall be held as soon as the employee returns to work or, at the latest, within eight days of the employees’ return to his post.
If the employee considers that a real modification of his workplace is necessary, he may also take initiative to ask a medical examination prior to going back to work to facilitate the research of measures to be put in place before the resuming work.
The occupational physician may prescribe additional visits for:
- Determine the medical fitness of the employee at his/her workplace;
- Detect a disease that is in correlation to the occupation;
- Detect dangerous diseases in the employee’s surroundings.
The time allowed for medical visits is counted as working time. The employer can not make any wage deductions. If visits can not take place during working hours, their duration shall be compensated as normal working time.
The transport costs for the visits are borne by the employer.
If the employer fails to comply with its obligations, the employer may be liable to criminal penalties (fine or imprisonment for repeated offenses). The employee may also sue his employer if the later fails to meet his obligations in terms of medical examination. Indeed, if the employee does not pass his medical examination of hiring, it can cause significant harm.