Employee found unfit during a medical check-up organized by the company - what action should be taken?

Dear All,

I have one question regarding a medical checkup. If any employee is found unfit during a medical check-up organized by the company after already providing a physical fitness certificate upon joining, what action should be taken?

Dear Divyesh,

What is the date of the certificate submitted by the employee, and what is the date of the certificate of the medical conducted by the company? What is the time duration in days between the two? What is the nature of the medical unfitness that was detected during the medical check-up conducted by the company? What is the designation of the employee, and what is the nature of the work he/she is required to do?

Human health is unpredictable. Anything may happen to anybody. Ascertain the facts and do not jump to the conclusion that he had suppressed the material facts while joining your organization. Nevertheless, you can do the independent verification of the genuineness of the medical certificate submitted by the employee. If it is a fake one, then it is a falsification of the documents, and his services are liable for termination.

However, if the certificate submitted by him is a genuine one, then explore the possibility of giving him an alternate work. Deal with the case compassionately.

Thanks,
Dinesh Divekar

As a learned member above has already provided the right guidance, I would suggest calling the employee in question and asking him to undergo a fresh medical checkup to determine if he indeed has a genuine problem that arose subsequent to his medical fitness certificate. Provide him with an opportunity to demonstrate his fitness in relation to the company's job requirements.

Once all the information regarding his medical fitness is received by the company, an appropriate decision can be made. If an employee is found to be unfit, the subsequent liability may fall on the company for employing a known unfit person. Consider offering alternative job options within the same company.

Ensure there is a single line break between paragraphs.

Dear colleague,

Since both medical reports contradict each other, you need to clarify the time gap between the first and the latest report, as well as the reasons for being declared unfit.

In my view, it is fair to refer the 'unfit' report to another expert for review and examination.

Appropriate action can be taken after ascertaining the true reasons arising from the expert's review for his fitness or lack thereof, and it is advised not to make any knee-jerk decisions.

Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

Ya, what is the nature of work needed for full fitness after becoming a regular employee in your company? If he is not fit for the work you have recruited him for, it is natural that some depreciation may occur. If you think he is unfit for a certain type of work, consider changing him to another department rather than moving to retrench him.

This is quite a sensitive issue both for employees and employers. The employee has submitted the medical fitness certificate before induction to the company. In this aspect, you cannot call the fitness certificate wrong because you considered the document correct in its place.

The action has to be taken as per the standing policy of your company, provided there are fitness guidelines/yardsticks for the continuity of service. On the first hand, the grounds on which your company doctor declared the person unfit for work have to be ascertained clinically by a Government Surgeon. Therefore, the employee should be examined by a Government Surgeon and follow their directions. It has to be determined by the Surgeon whether the person is completely unfit or fit for a certain job that exists in your establishment.

On the other hand, your company can consider someone from the employee's family suitable for the job or can terminate them with compensation if they are found unfit for any work or if there is no further scope for employment.

In response to this query, the senior members of this forum have provided their views for your guidance in choosing the appropriate course of action.

Dear all,

Thank you very much for your valuable suggestions.