Can an employer request a medical assessment of an employee's fitness for work?

In California, employers are legally allowed to request a medical assessment of an employee’s fitness for work. This generally happens when an employee has been out of work due to an injury, illness, or disability, and their medical limitations may affect their job performance. Employers are required to follow certain procedures, such as providing the employee with a detailed written explanation of the request and the potential consequences of refusing the assessment, as well as obtaining the employee’s written consent to the assessment. The assessment must also be conducted by a qualified medical professional, and the results must be used only to determine the employee’s fitness for work. Additionally, employers are required to keep the results of the assessment confidential, and they must provide the employee with an opportunity to challenge the results if they are unsatisfactory. Finally, employers are prohibited from taking any adverse action against an employee based solely on the results of the assessment.

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