Work Health Rights - Medical Appointments

The SDA is concerned about an increasing number of reports of employers trying to direct workers to certain doctors, be present during the medical consultation and influence the medical treatment of ill and injured workers. This is impacting on your important work health rights.

We want you, our SDA members to be absolutely clear that you have the right to see your own doctor and not a doctor chosen by your employer if you are ill or injured; there is no requirement for your employer to attend your medical consultation/examination with you; or to have access to all your medical records and private health information.

So, if you are ill or suffering from the effects of an injury while at work and need to see a doctor make sure you know about your important work health rights:

 1.       Your right to choose your own treating doctor

 2.       Your right to see your doctor in private, without your employer  being present in your medical consultation/examination,  and

 3.       Your right to privacy in relation to your personal health information and not signing away your rights to allow your employer to access your private health information.

Q:  Which doctor should I see?

A:  It’s your choice.

There have been far too many cases of SDA members being pressured into having their employer, often a management representative, make an appointment for them with a doctor of the employer’s choosing.

If you are ill or injured it is your absolute right to choose the doctor whom you see.

If you have made a worker’s compensation claim then there may be instances where you can be directed to attend a specialist medical consultation or examination with a doctor who is not of your choosing. If you are ill or injured at work and need to make a claim for workers compensation then you should contact the SDA for advice, support and assistance.

Should I accept my employers offer to drive me to a medical appointment?

If your employer offers to drive you from work or pick you up from your home to attend a medical appointment it is your choice. However, once you arrive at the medical office or clinic, your employer should not attend your actual medical consultation or examination with you. The doctor /patient relationship is a special relationship which is subject to important confidentiality protections and ethical obligations which prevent your employer from being present during your consultation.

What if I choose to attend an appointment with a doctor chosen by my employer?

The SDA recognises that some of our members may choose to accept their employer’s offer to make a medical appointment for them with a doctor selected and often paid for by the company. SDA members need to be aware that by agreeing to see a company doctor it does not entitle your employer to attend the medical consultation or examination with you.

Employer attendance at medical consultation/examinations is a breach of your privacy

It is alarming for the SDA to hear about the incidents of employers accompanying SDA members to medical appointments and then seeking to be physically present in the consultation and examination with the member and the doctor. As a result of these unethical practices, ill and injured members have been placed in very stressful, distressing and inappropriate situations, including instances where members have had to remove clothing for a medical examination in front of their manager and numerous examples of where employers have sought to intervene in the medical practitioner’s diagnosis of their patient.

Medical consultation/examination should be private and confidential and there is no valid reason why your employer should seek to attend. This view is strongly backed by The Fair Work Ombudsman (FWO) in a Statement issued in September 2012:

The Fair Work Ombudsman does not condone or support this behaviour and sees no reason why an employer should seek to attend a private and confidential appointment with an employee, unless specifically requested to do so by the employee.

The Fair Work Ombudsman does not consider that it is reasonable for an employer to seek to attend a medical appointment with the employee for this purpose and views this as a breach of the employee’s privacy.

If your employer asks or attempts to enter the consultation/examination with you and the doctor, you should direct them to leave and report this to the Union.

What proof does my employer need if I am unable to attend work due to illness and injury?

The FWO statement said that when an employer considers a request for personal/carer’s leave they must only request evidence that ‘would satisfy a reasonable person’ that the leave was taken because of an employee’s illness or injury. Where an employee provides this evidence, which may be in the form of a medical certificate or statutory declaration the employer must grant the request.*

When considering requests for personal/carer’s leave, it is important for employers to respect their employee’s privacy and to only obtain evidence that is relevant to substantiate the absence. The cause and nature of their absence is not necessary, except in unusual or exceptional circumstances

FWO also notes that when an employer questions or intrudes into the nature of an employee’s illness or injury, it may have negative consequences for the workplace culture of a business.

*Check your EBA or enterprise agreement

It is important to check the Personal Leave clause in your enterprise agreement. This clause sets out the notice and evidence requirements of your workplace when you are unable to attend work if ill or injured. Agreements may have different requirements and obligations. Many Enterprise Agreements negotiated by the SDA provide for some days each year where an employee is not required to provide evidence to claim personal/carer’s leave and the request is granted automatically.

Your medical records - Your private business.

If you are asked to complete and sign a ‘Medical Consent form’ to provide your employer with access to your medical records and information do not sign it.

You may have an obligation to sign ‘Medical Consent form’ in relation to workers compensation,  however you should seek advice from the SDA before signing anything to ensure the information that is being sought by your employer is directly relevant to your workplace injury or illness claim.

Your Work Health Rights demand action

Work Health Rights are a union issue which affects  the working conditions, pay and health and safety of SDA members. The treatment of ill and injured workers was highlighted as part of the SDA’ s 2014 Safety Demands Action week  and the SDA will continue to raise awareness about this issue until  unfair and inappropriate practices towards ill and injured members by employers cease.

Your Work Health Rights checklist

So to recap on your work health rights:

*  It is your choice as to which doctor you see for your medical consultation/examination.

*  Your employer should never be present in your private medical consultation/examination with a doctor (whether they are a company doctor or your own doctor). If your employer asks or attempts to enter your consultation/examination you should direct them to leave or tell the doctor you do not want them to be present. Remember that your medical consultation/examination is a private and confidential appointment between you and the doctor only.

*  To protect your privacy in relation to your employer gaining access to your personal health information, do not sign a medical information consent form and always seek advice from the SDA if you are told you are required by your employer to do so.

If you need advice or assistance or would like more information about any of the issues raised in this article contact your SDA delegate, Organiser or ASK SDA on 1300 275 732