The main consultant lawyer of the labor inspectorate, Vladimir Logachev, responds:
The employer can only request data for which it has a legitimate interest. An employee’s diagnosis or medical history of illness does not constitute a legitimate interest of the employer. Therefore, the employer cannot require the employee to provide a diagnosis or medical history regarding her health condition. However, the employer may request a medical certificate, for example, in the event that the employee is pregnant and requires work corresponding to the state of health, or to establish a ban on dismissal due to the person’s pregnancy.
In the event that the worker exceptionally terminates the employment contract for health reasons and a dispute arises, the worker must demonstrate that he has grounds for dismissal. If the employer has assigned the worker a job more suited to his state of health, but the worker himself does not wish to continue the employment relationship, the doctor’s decision is sufficient as proof. The doctor’s decision must not include a diagnosis, but an assessment that the employee’s health status does not allow him to continue working.
2024-01-29 16:18:17
can-an-employer-request-an-employees-medical-history