Who has to pay for physical?

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 whoch 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??

Sorry, but even though most employers pay for the employee physical they are not legally obligated to do so.

It's like any other job qualifications.

If you want the job you meet the qualifications.

If it costs you something to meet the qualifications, you pay it if you want the job.

I hate saying this, but these days be happy you still have the job. They could have fired you after the first two months when you didn't have the physical.

even if HR and I had an agreed upon date for it and my supervisor lied about the date being bumped up?

I have mandatory training occassionally and they have never made me pay for that....training is applicable to my job, this physical was not

And I thank you for the advice but please don't say "be happy you have a job"...one of these days if we get too complacent with putting up with this crap, employers will be able to get away with sexual harrassment, discrimination and anything else they feel like doing because, well, we "at least have a job". Plus I work with many jobless people who have no incentive to get a job because they get more in benefits from various programs than I make in a month.

fp36:

even if HR and I had an agreed upon date for it and my supervisor lied about the date being bumped up?

I'm not sure that has anything to do with whether or not the employer is legally obligated to pay for the physical.

fp36:

I have mandatory training occassionally and they have never made me pay for that....training is applicable to my job, this physical was not

It's certainly up to the employer to decide to pay for one and not the other.

fp36:

please don't say "be happy you have a job"...

Sorry. I said I hated to say it.

I'm actually a bit suprised that one can compel an employee to produce a medical statement that one is free of communicable disease--that seems to be a requirement of 50 years ago that fell into major politcial and social disfavor with Aids issues?

"I'm actually a bit suprised that one can compel an employee to produce a medical statement that one is free of communicable disease"

In the health care field we have to do this yearly.  This is not new or outdated.  We work with patients and we take a mandatory TB test and we can be compelled to be tested for communicable diseases if we are in a patient care role or produce a statement from a physician that says we are disease free.  It is a JCAHO requirement of the job.  If the hospital or health care facility does not have this documentation on EVERY employee then they lose accreditation and subsequently their ability to bill Medicare/Medicaid which means they go out of business. 

It isn't a physical like your physician does.  They check blood pressure as it is a good way to screen employees and catch early hypertension, give the annual TB screen, offer the hepatitis shots if you haven't had them, all new employees get blood drawn for titers for measles, mumps, rubeola, and other communicable diseases they want to screen for.  Ask if you have had any surgeries, injuries you need to report and you are on your way.  No poking, prodding, or assessment like your doctor does at an annual physical.  Larger facilities have their own employee health department with a nurse practictioner or physician where it is done for free.  Apparently the OP's place does not and she had to pay out of pocket in order to get it done and meet the requirement.  It does happen in smaller facilities but it is still a requirement of the job whether the employer pays or not.

Even though the clinic does not accept insurance, that does not preclude you from submitting the bill to your insurance provider yourself.  It may not be reimbursed at the same rate as seeing your PCP, but you may get something back.