Is it a law that the employer pay for a state mandated physical for an employee?
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Is it a law that the employer pay for a state mandated physical for an employee?
Asked on May 24, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, the employer is not required to pay for this exam. As you say, it is state-mandated--it is not the employer's doing that you have to get it, and therefore the employer has no obligation to pay for it. More importantly, an employer could even require an employee to get a medical examine for the employer's benefit and stlll not pay for it--that is, require the employee to pay. Employers may set terms and conditions for employment; these terms and conditions can include requiring employees to pay for their own medical or other tests, just as they can include requiring employees to pay for whatever training or credentials or education they need, provide their own tools or cars, pay for their own work clothes, etc.
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