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Medical Examination Payment Laws by State
Author: XpertHR Editorial Team
Many states have laws requiring an employer to cover the cost of any medical examinations or tests it requires as a condition of employment. Most of these laws apply both to medical examinations administered as a preemployment screening measure and to those required of current employees as a condition of continued employment. However, some laws cover only one of these categories or impose different requirements for applicants and employees. In addition, some laws contain an exception allowing an employer to require the applicant or employee to cover the cost of any medical examination required by law or under a collective bargaining agreement.
This chart lists state laws requiring private employers to pay for medical examinations required as a condition of employment. States that do not have a statute addressing this issue are indicated on the chart as "none identified." Entries of "N/A" (i.e., Not Applicable) indicate that we did not identify a law or provision on the issue.
Note: While most of these laws are general in nature, they may be interpreted to apply to tests for COVID-19 that an employer requires as a condition of employment. XpertHR is not aware of any court rulings or state guidance around the issue.
Keep in mind that other considerations or related laws may affect an employer's obligation to pay for medical testing, including:
- Laws addressing permitted and prohibited pay deductions;
- Business expense reimbursement laws;
- Collective bargaining agreements; and
- Wage and hour laws.