After the end of the sick leave issued by a psychiatrist, the employer is not obliged to refer the employee employed as a driver for psychotechnical examinations. The employer would be obliged to refer the employee for preventive examinations only if the dismissal was longer than 30 days.

The issue of the obligation to refer an employee again for examinations after the end of the sick leave issued by a psychiatrist takes on particular importance in times of the coronavirus pandemic. According to the data of the Social Insurance Institution, more and more sick leave is issued by psychiatrists due to, for example, depression. And this scale may increase even further after January 1, 2022, when burnout – included in the tenth edition of the International Statistical Classification of Diseases and Related Health Problems (ICD) of the World Health Organization (WHO) as an occupational syndrome significantly affecting health – will be recognized as a disease with the entry into force of the new ICD-11 classification. Then doctors will be able to issue a sick leave to people who are tired of work.

In the case of an employee who is afraid of being a driver at the end of the sick leave issued by a psychiatrist, the employer is also not obliged to refer the employee employed as a driver for psychotechnical examinations. The employer would be obliged to refer the employee for preventive examinations only if the dismissal was longer than 30 days. As part of these examinations, an occupational physician (if he or she deems it appropriate) could refer the employee for psychotechnical examinations.

Pursuant to the provisions of Article 229 of the Act of 26 June 1974 – Labour Code (consolidated text: Journal of Laws of 1998, No. 21, item 94, as amended, hereinafter: K.p.), the employer is obliged to provide employees, at his own expense, with preventive medical care. This care consists of three types of research:

• initially, for persons admitted to work or young workers transferred to other jobs and other workers transferred to workplaces where there are factors harmful to health or onerous conditions.
• periodically, within the time limit set by the occupational physician, and
• control, in case of incapacity for work lasting more than 30 days, caused by illness.

A detailed legal act regulating the issue of employee preventive examinations is the Regulation of the Minister of Health and Social Care of 30 May 1996 on conducting medical examinations of employees, the scope of preventive health care for employees and medical certificates issued for the purposes provided for in the Labor Code (consolidated text. Journal of Laws of 2016, item 2067, hereinafter: r.b.l.p.). These regulations oblige the employer to refer an employee who was on sick leave for preventive examinations only if the dismissal was longer than 30 days. It does not matter from the doctor what specialization the employee obtained a dismissal from work.

Source: https://www.prawo.pl/kadry/zwolnienie-lekarskie-od-psychiatry-a-powrot-do-pracy-badania,264023.html

Projekt otrzymał dofinansowanie z Norwegii poprzez Fundusze Norweskie 2014-2021, w ramach programu „Dialog społeczny – godna praca”.