An employer cannot force an employee to have a medical examination. However, if they have good reason to believe that an employee is impaired for any reason (whether from exposure to workplace hazard or other purposes) then the employer may suspend the employee. Please note that this is subject to the Employment Relations Act and fair processes must be followed.

An employer does have the right to request proof of sickness once the employee has been absent for three or more consecutive calendar days. In particular circumstances, an employer can request proof of illness or injury from an employee within three consecutive calendar days.

Click here for further information on when an employer can request proof of sickness and here for information on when the employer has the right to request proof of illness if an employee only has one day of sick leave.

A Department of Labour Medical Practitioner (DMP) who has concerns that a worker's health may have been affected by work (e.g. exposure to chemicals), may require the employee to be examined, or provide a sample for testing or analysis.

Before requiring medical examination or testing, a DMP must be satisfied that an employee has been, or may have been, exposed to a significant hazard while at work.

The DMP must also be satisfied, on reasonable grounds, that by examining the employee or having a sample taken from the employee to be tested or analysed, it is likely to be possible to determine:

• Whether or not the employee is or has been exposed to the hazard;
• The extent to which the employee is or has been exposed to the hazard; or
• The extent to which the employee's health has been, or may have been, affected by exposure to the hazard.