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Can an employer require a current employee to take a job required physical on their own personal time?

1 Answers. Asked on Feb 20th, 2017 on Labor and Employment - Pennsylvania
More details to this question:
I have been working for a company for 11 months. We are required to have a yearly physical. the company is requiring us to take the physical on our own personal time. If the physical is a requirement of the job, shouldn't the physical be done during the employee's regular work hours, and not their personal time.
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Answered on Feb 21st, 2017 at 6:30 AM

Your employer can’t require a current employee to have any type of medical examination unless the examination is job-related and consistent with business necessity, required by another federal law, or required in connection with a voluntary wellness program.  so my first question is whether you are even required to take the exam.  Time spent undergoing a physical examination is time during which the employee's freedom of movement is restricted for the purpose of serving the employer and time during which the employee is subject to the employer's discretion and control. It is immaterial whether the time spent in undergoing the required physical examination is during the employee's normal working hours or during nonworking hours. The physical examination is an essential requirement of the job and thus primarily for the benefit of the employer.  As such, you should be paid your hourly wage for the time you expend attending an employer-required physical exam.  It does not have to be done during your normal working hours.  If it is not during normal hours and the time you take for the exam puts you over 40 hours for that week, you should be entitled to overtime pay if you are a non-exempt employee. 

I recommend that you seek out a local attorney for a more in depth discussion of the matter. I do not recommend that you take any action steps without such a consult. Act quickly because by waiting, you may lose certain rights and remedies available to you.

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Labor and Employment
Labor and employment attorneys can help both employers and workers prevent, address and resolve a variety of issues related to the employer-employee relationship. Small business owners and managers should consult with employment lawyers when crafting employment policies (including those related to hiring, affirmative action, compensation, medical leave and sexual harassment); negotiating employment contracts, non-compete agreements and severance agreements; and resolving employment-related personnel disputes. Workers should talk to a labor and employment law firm before signing any job-related contracts and for help addressing issues related to discrimination, harassment, Americans with Disabilities Act (ADA) accommodations and Family and Medical Leave Act (FMLA) requests.
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