In today's article, we will discuss the topic of medical examinations. On July 1, 2023, the state of epidemic threat was lifted in Poland. Consequently, transitional regulations ceased to apply in our country. The National Labor Inspectorate reminds that employers and employees are obligated to resume their suspended obligations under the Labor Code by December 28 of this year. This is exactly 180 days from the end of the state of epidemic threat, during which the obligation to perform periodic medical examinations for employees was suspended.
How do the regulations regulate this issue?
Pursuant to Article 12a, paragraph 1 of the Act of March 2, 2020, on specific solutions related to the prevention, counteraction, and combating of COVID-19, other infectious diseases and the resulting crisis situations, the obligation to perform periodic examinations of employees has been suspended for the duration of the state of epidemic threat or state of epidemic. Furthermore, in accordance with Article 31m, paragraph 1 of the Act, the validity of medical certificates that expired after March 7, 2020, has been extended for a period of no longer than 180 days from the date of lifting the state of epidemic threat or state of epidemic.
Pursuant to Article 12a, paragraph 2 of the Act, after the state of epidemic threat is lifted, if the state of epidemic is not declared or after the state of epidemic is lifted, the employer and employee are obliged to immediately resume the performance of the suspended duties referred to in paragraph 1 and perform them within a period not longer than 180 days from the date of lifting the given state.
What are the penalties for failing to undergo a medical examination for an employee?
Pursuant to Article 283 § 1 of the Labor Code, the employer may be fined from PLN 1,000 to PLN 30,000.
Taking into account the fact that both the employer and the employee are obliged to resume the suspended duties without undue delay, the employer should refer the employee for such examinations as soon as possible, and the employee is obliged to perform them promptly.
Should you have any doubts or questions regarding the above issues or broadly understood labor law, please do not hesitate to contact our office.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of December 7, 2023
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