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

In Massachusetts, an employer is not allowed to require a medical assessment of their employee’s fitness for work unless it is absolutely necessary for the safety and health of their other employees. The assessment would need to be formally approved by the Massachusetts Department of Public Health. Before requesting such an assessment, an employer would need to be able to prove that there is a valid business reason for doing so. The assessment would usually need to be conducted by a qualified healthcare professional and would need to be within the scope of the job. Massachusetts employment law also states that employers may not ask their employees to disclose any medical information that is not relevant to their job duties. An employer can, however, ask their employee to agree to a fitness for work assessment if there is a reasonable requirement for it. In addition, employers are not allowed to use the results of a fitness for work assessment to dismiss or discriminate against their employee. Any assessment conducted must be job-related and consistent with the employee’s essential job functions. In conclusion, Massachusetts employers are allowed to request a medical assessment of their employee’s fitness for work. However, an employer must have a valid business reason for doing so and must ensure that the assessment is job-related and consistent with the employee’s essential job functions.

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

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