If the employee has been on sick leave for more than 30 days, he must perform checkups before returning to work. It results directly from Art. 229 § 2 of the Labor Code, which stipulates that the employee is subject to periodic medical examinations, and in the event of inability to work for more than 30 days due to illness, the employee is also subject to medical examinations in order to determine the ability to perform work in the current position. Most importantly, it is the employer who is obliged to refer the employee returning from sick leave to check-ups in order to confirm that the employee’s health condition allows him to resume work. On the other hand, the employee, in accordance with Art. 211 of the Labor Code is obliged to undergo medical examinations, which the employer will refer him to after the convalescence period, and to follow medical indications. Failure to comply with the above provisions may result in the imposition of a reprimand or reprimand, or even a financial penalty, as provided for in Art. 108 of the Labor Code If the employee’s health condition does not allow him to return to work in order to perform the tasks within his current position, the employer is obliged to remove him from work. In such a case, the employer should, for example, transfer the employee to another job in accordance with medical instructions. The ordinance of the Minister of Health and Social Welfare on medical examinations of employees of May 30, 1996 specifies what information should be included in the examination referral. You can read there that it should contain the following information:

• type of preventive examination (in this case control),
• specification of the workplace where the employee is employed,
• concerning the presence of harmful factors or nuisance conditions at the workplace, together with the measurement of factors harmful to health performed at these positions.

As you can read in article 229 of the Labor Code, control tests should be carried out, if possible, during working hours. For the time of non-performance of work in connection with the conducted research, the employee retains the right to remuneration, and in the event of traveling to another city for these tests, he / she is entitled to travel expenses according to the rules applicable to business trips. Control tests are carried out at the employer’s expense. In the event that an employee refuses to undergo control examinations, he cannot start work, and thus he is no longer entitled to remuneration. The employee’s refusal to perform control tests may result in his liability in order and material, if it would cause damage to the employer. The refusal to perform the research may also be grounds for termination of the employment relationship. On the other hand, the employer’s consent to allow the employee to work without any follow-up examinations is a negligence on the part of the employer. Failure to perform tests may expose the employer to liability for offenses against employee rights. The employer may also be liable for damages if the employee’s health deteriorates as a result of the work performed. If the employee was on sick leave for more than 30 days before going on maternity leave, then referring her to a checkup is most appropriate. However, there may be a situation where the employee before the maternity leave was not on a sick leave or her sickness absence lasted less than 30 days. The question then arises whether in such a situation she should also be sent for a check-up. The provision treats the matter unequivocally: we send an employee who has been unable to work for 30 days for checkups, and this incapacity was caused by an illness. Due to the fact that pregnancy is not a disease, there is no need to send such an employee for checkups. If the employee’s inability to work due to illness lasted less than 30 days, the employer is not obliged to refer him to check-ups. However, he may order these tests to be performed, provided that the employee agrees to them. Without the consent of the employee, the employer may not order him to perform checkups if the period of leave does not exceed 30 days. Similarly, it is unacceptable to refer an employee to check-ups while still on sick leave. Thus, after a long-term illness, an employee returning to work is required to undergo examinations on the first day after the end of the dismissal period, but before starting his duties.

Source: https://poradnikprzedsiebiorcy.pl/-badania-kontrolne-po-zwolnieniu-lekarskim

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