QUESTION

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

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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1 ANSWER

Business Law Attorney serving Pittsburgh, PA at Fiffik Law Group, P.C.
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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. 
Answered on Feb 21st, 2017 at 6:30 AM

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