Can my employer require a health screen each year before providing medical insurance?

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Can my employer require a health screen each year before providing medical insurance?

Quote: “Your participation in a qualified health screening will affect the medical plan options you have available for 2012”.

Asked on June 22, 2011 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, an employer can require this. The fact is that providing health insurance, as well as other benefits such as sick time and vacation days, is completely at the discretion of an employer. In other words, it is not mandated by law. Therefore, to the extent the such benefits are given, an employer can dictate the terms on which they are provided to an employee. The exceptions would be if a union agreement or employment contract provided otherwise, or some form of discrimination was present.


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