Section 201-B. Fees for medical examination  


Latest version.
  • 1. It shall be unlawful for any
      employer  to  require  any applicant for employment to pay the cost of a
      medical examination required by the employer as a condition of  original
      employment.
        2.  It shall be unlawful for any employer to require an employee, as a
      condition of continuation of employment, to pay the cost of any  medical
      examination  or  the  cost of furnishing any health certificate relating
      thereto where:
        a. such employee is not covered by health insurance or the  employee's
      health  insurance  does not cover such examination or certificate or the
      employer does not provide qualified medical personnel  to  conduct  such
      examination without cost to the employee; and
        b. such examination or certificate is not required pursuant to a state
      or federal statute or municipal ordinance or local law.
        3.  The term "employer" as used in this section shall mean and include
      an individual, a partnership, an association,  a  corporation,  a  legal
      representative, trustee, receiver, trustee in bankruptcy, and any common
      carrier  by rail, motor, water, air or express company doing business in
      or operating within the state.
        4. Nothing contained herein shall prohibit the parties to a collective
      bargaining agreement from inserting therein a provision requiring:
        a. an applicant for employment to pay, in the first instance, the cost
      of such medical examination provided  that  such  collective  bargaining
      agreement  also  provides for the repayment of such cost by the employer
      to the applicant after a reasonable period of employment; and
        b. an employee  who  is  otherwise  protected  by  the  provisions  of
      subdivision  two  of this section, to pay in the first instance the cost
      of such medical examination or  of  furnishing  the  health  certificate
      provided that such collective bargaining agreement also provides for the
      repayment  of  such  cost  by  the  employer  to  the  employee within a
      reasonable time.
        5. Any employer who violates the provisions of this section  shall  be
      liable  to  a penalty of not more than fifty dollars for each violation.
      It shall be the duty of the department of labor to enforce this section.