I have been employed at my current job since March 2009 and understood that I was to have a physical within 2 months of hire (keep in mind that my job is to assist the mentally ill, mostly driving them around to appts and such and requires ZERO physical effort). HR gave me a paper that the physician was to sign that stated i was "free from all communicable diseases" and generally fit to work. In the past 6 months I have tried to make appts with my PCP but they have to keep being reschedule because of either A) the doctor had to reschedule for whatever reason or B) i had actual job appts that kept me from going.
I brought my paper to be signed to my PCP, paid the $5 that they demanded for the doc's signature and they told me that they would call when he had a chance to sign it. When I called about 2 weeks later, they informed me that I actually needed to come in for a physical because my particular doctor would not sign without an actual physical although i had been seen there 3 times within the month prior for simple cold-type symptoms (I do not have anything physically major wrong with me and am in fine health). The first appt. they had was 2 months later so you can see how this appt. easily got pushed back for 6 months....Finally, I made an appt for Nov. and although HR wasn't thrilled, they said it was OK, as long as I made sure I had it then.
Flash forward to 2 weeks ago when I was at work and feeling crappy. I called my PCP at work and made an appt for this past Wednesday (9/30) for flu-symptoms. My supervisor overheard and asked why they could get me in so quick for the flu but my physical was not until November (gee, I wonder why?!). She was feeling the heat for me to get this physical because, as my supervisor, HR was coming down on her for updates since it is a requirement. She joked that I should show up for my flu appt and ask for a physical that day and that was the end of it. Well, I ended up going to the ER because I wasn't waiting a week to be seen for the flu and cancelled my flu appt.
The day after my flu appt was to have been, my supervisor asked where my signed physical paper was and I told her the physical wasn't until November (she knew this!). She seemed very upset and said that she had put down that my physical was going to be 9/30 and now that I didn't go, I was looking at possible suspension. I had appts with clients that day but she said I absolutely had to get my physical done that day or she would be forced to go to HR and "they would take it from there". Of course, I was freaking out and called my PCP who said they only do physicals at 1pm and were booked up but if i wanted to come at 1pm they would see me only if someone no-showed. I showed up at 12:50 but by 1:05 all patients had shown up so I had to leave. I then called our local health@work (a place where employees go strictly for medical employment related needs) and they said they could see me the next day because they had to do a TB test due to the fact that the paper that needed to be signed specifically said "free form communicable diseases". I told my supervisor this and she said she still had to go to HR, even though I now had a next day appt to get this done.
On Friday, I went to health@work, had my TB test (which cannot be read until Monday at which time I can pick up my signed paper) and physical. However, health@work does not take insurance (because every other company PAYS for employee physicals) so I had to pay $65 out of pocket. I took the receipt back to HR for reimbursement and they are flat our refusing to reimburse me, saying it's a "company policy" that the cost is on the employee and "i could have went to my PCP and used my insurance". If my supervisor hadn't changed the date, I would have done just that!! I asked HR to show me that policy and she spent 10 minutes looking online and couldn't produce anything. So now that my supervisor lied about my physical date just to get some paperwork off of her desk, I am out $65.
Is this legal?! I though employers HAD to pay for any physicals or medical exam that were a condition of employment. I have evidence of my scheduled (and rescheduled) dates of prior physicals as well as evidence that the cancelled appt on 9/30 WAS NOT for a physical.
What can/should I do??
I brought my paper to be signed to my PCP, paid the $5 that they demanded for the doc's signature and they told me that they would call when he had a chance to sign it. When I called about 2 weeks later, they informed me that I actually needed to come in for a physical because my particular doctor would not sign without an actual physical although i had been seen there 3 times within the month prior for simple cold-type symptoms (I do not have anything physically major wrong with me and am in fine health). The first appt. they had was 2 months later so you can see how this appt. easily got pushed back for 6 months....Finally, I made an appt for Nov. and although HR wasn't thrilled, they said it was OK, as long as I made sure I had it then.
Flash forward to 2 weeks ago when I was at work and feeling crappy. I called my PCP at work and made an appt for this past Wednesday (9/30) for flu-symptoms. My supervisor overheard and asked why they could get me in so quick for the flu but my physical was not until November (gee, I wonder why?!). She was feeling the heat for me to get this physical because, as my supervisor, HR was coming down on her for updates since it is a requirement. She joked that I should show up for my flu appt and ask for a physical that day and that was the end of it. Well, I ended up going to the ER because I wasn't waiting a week to be seen for the flu and cancelled my flu appt.
The day after my flu appt was to have been, my supervisor asked where my signed physical paper was and I told her the physical wasn't until November (she knew this!). She seemed very upset and said that she had put down that my physical was going to be 9/30 and now that I didn't go, I was looking at possible suspension. I had appts with clients that day but she said I absolutely had to get my physical done that day or she would be forced to go to HR and "they would take it from there". Of course, I was freaking out and called my PCP who said they only do physicals at 1pm and were booked up but if i wanted to come at 1pm they would see me only if someone no-showed. I showed up at 12:50 but by 1:05 all patients had shown up so I had to leave. I then called our local health@work (a place where employees go strictly for medical employment related needs) and they said they could see me the next day because they had to do a TB test due to the fact that the paper that needed to be signed specifically said "free form communicable diseases". I told my supervisor this and she said she still had to go to HR, even though I now had a next day appt to get this done.
On Friday, I went to health@work, had my TB test (which cannot be read until Monday at which time I can pick up my signed paper) and physical. However, health@work does not take insurance (because every other company PAYS for employee physicals) so I had to pay $65 out of pocket. I took the receipt back to HR for reimbursement and they are flat our refusing to reimburse me, saying it's a "company policy" that the cost is on the employee and "i could have went to my PCP and used my insurance". If my supervisor hadn't changed the date, I would have done just that!! I asked HR to show me that policy and she spent 10 minutes looking online and couldn't produce anything. So now that my supervisor lied about my physical date just to get some paperwork off of her desk, I am out $65.
Is this legal?! I though employers HAD to pay for any physicals or medical exam that were a condition of employment. I have evidence of my scheduled (and rescheduled) dates of prior physicals as well as evidence that the cancelled appt on 9/30 WAS NOT for a physical.
What can/should I do??
