Wednesday, August 13, 2014

Can a Pennsylvania Employer Force Employees to Pay for Medical Examinations as a Condition of Employment?

Can a Pennsylvania employer make an employee (or applicant) pay for their own medical examination as a condition of employment?

Short answer: No.

Long answer: See "Employer to Pay Employment medical Examination Fee" Act of 1961, P.L. 453, No. 225:
Requiring employers to pay for medical examination fee where such examination is a condition for employment, and providing a penalty. 
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: 
Section 1. As used in this act -- 
(1) "Employer" means an individual, partnership, association or corporation, a legal representative, trustee, receiver, trustee in bankruptcy, and any common carrier by rail, motor, water, air or express company, doing business in or operating within the Commonwealth. 
(2) "Employe" includes every person who may be permitted, required or directed by any employer, as defined in section 2, in consideration of direct or indirect, gain or profit, to engage in any employment. 
Section 2. It shall be unlawful for any employer to require any employe or applicant for employment to pay the cost of a medical examination, or the cost of furnishing any medical records, required by the employer as a condition of employment, if the applicant or employe works for the employer for one work week: Provided, That the provisions of this act shall not apply where medical examination is required by law as a condition of employment. 
Section 3. Any employer violating the provisions of this act shall be guilty of a summary offense and, upon conviction thereof, shall be sentenced to pay a fine of not less than ten dollars ($10) nor more than one hundred dollars ($100). It shall be the duty of the Department of Labor and Industry to enforce the provisions of this act. 
Section 4. This act shall take effect immediately.
And now you know. And yes, in Pennsylvania we spell "employe" with one 'e' on the end. I'm sure there's a perfectly good explanation - but I don't know what it is.

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