Probationary periods often cause a level of uncertainty. Many employers can be confused about the length of probation periods, who they...
New EmployeesJune 27, 2014
Requesting health information from job applicants and existing employees can be a high risk business activity due to privacy issues and the possibility of claims of discrimination. However, not being aware of pre-existing conditions can be a hidden liability for employers. It is important that businesses have a system in place that can adequately attempt to address this issue. Failure to address this can result in the employer being accountable for conditions and illnesses which are unrelated to the employee’s work.
What can I ask employees?
An employer may request health information from applicants and employees where it can be established that the information sought relates to the inherent requirements of the position. For instance, a labouring position may require the employee to be able to undertake physically intensive work, while a clerical position may require an employee to be able to remain seated at a desk for an extended period of time.
How and what an employer asks during this time must be considered relevant to the inherent requirements of the position and should be constructed in line with relevant legislation.
Here are some examples of how to ask an employee for health information:
Questions to Avoid
Such questions would likely expose employers to liability of an adverse action claim or discrimination claim.
Employsure provides a sample health questionnaire to assist in obtaining new employee information in an efficient way.
The best practice approach for the implementation of a health questionnaire includes the following:
Should you require assistance requesting health information from employees or accessing a sample health questionnaire, please contact Employsure on 1300 651 415.
By Lea Fox, Employment Relations Documentation Consultant