Introduction
In many companies, doubts arise as to how to handle the return of an employee after an extended period of incapacity. This is especially relevant when the employee mentions that he or she still has health problems, but is no longer on official medical leave. In this context, companies must ensure that their employees are in optimal conditions to return to work, not only to guarantee the worker’s safety, but also to prevent risks within the work environment.
Importance of the re-entry medical examination
According to Ministerial Resolution No. 312-2011-SA, the re-entry medical examination is a mandatory procedure to be carried out when a worker returns to work after a prolonged temporary incapacity. The purpose of this examination is to evaluate the worker’s physical and psychological condition, in order to determine if he/she is fit to resume his/her usual duties. It is important to note that the company is responsible for assuming the costs of this examination, which reflects the importance of occupational health as a corporate duty.
This process is not only a regulatory requirement, but also a preventive measure that allows companies to avoid possible occupational accidents or future health complications. The correct implementation of this examination contributes to employee protection and operational efficiency, as it ensures that workers returning from incapacity are in full condition to perform their duties without putting their well-being or that of their co-workers at risk.
Steps to perform the re-entry medical examination
Requesting the medical examination: When a worker returns from an extended medical leave, the company must coordinate with the occupational health service or the corresponding medical entity to perform an examination to evaluate the employee’s physical and mental conditions.
- Complete evaluation of the health condition: This examination should include a thorough medical examination to identify if the worker has any limitation to resume his/her activities. In addition, it should verify if there is a risk of aggravating any pre-existing condition or if any type of adaptation is necessary in the workplace.
- Determination of the worker’s aptitude: After the evaluation, the occupational physician will determine whether the worker is able to return to his job without restrictions, with restrictions or if it is necessary to relocate him temporarily or permanently.
- Assume the costs of the examination: As part of its obligations, the company must assume all costs associated with the re-entry medical examination, thus ensuring compliance with current occupational health and safety regulations.
Benefits for the company and workers
Implementing the re-entry medical examination not only helps to protect the health of workers, but also contributes to reducing occupational risks. The correct evaluation of the employee’s state of health prevents them from returning to work in conditions that could endanger their well-being or that of their colleagues.
In addition, this type of examination promotes a safe and healthy work environment, which improves productivity and reduces the possibility of new episodes of incapacity or occupational accidents. In the long term, it also contributes to the corporate image by demonstrating that the company cares about the well-being of its employees and complies with current occupational health and safety regulations.
Regulatory compliance
Compliance with regulations is essential to avoid penalties and maintain an efficient operation. Ministerial Resolution No. 312-2011-SA clearly establishes the need for these reentry medical examinations, which must be performed before the worker returns to work. Failure to comply with this obligation could result in fines, sanctions or even disqualification from the worker’s functions, which would affect the company’s operations.
Conclusion
We recommend that you review Ministerial Resolution No. 312-2011-SA to ensure that your company is aware of the requirements and procedures necessary to perform medical examinations for reinstatement. In this way, you will not only be complying with the law, but also protecting the health of your employees and promoting a safe work environment.
For more information on the procedures and responsibilities of companies in labor matters, we invite you to consult our website: VAG Global – Audit, Tax and Transfer Pricing (vag-global.com).
Source: Resolution https://www.gob.pe/institucion/minsa/normas-legales/243792-312-2011-minsa