Kingdom Mediator Imposes Medical Exam Rules

The Mediator Institution expressed its preliminary approval of adopting a medical monitoring mechanism to regulate short-term sick leaves at the Vocational Training and Employment Promotion Office. However, it emphasized the necessity of ensuring legal and human rights guarantees. It confirmed that this monitoring does not conflict with the rules governing sick leaves, provided that clear guidelines are followed, with respect for the principles of proportionality and equality, and the protection of users’ confidential and medical data. The institution called for separating medical assessment from administrative decisions and for avoiding automatic penalties based on monitoring outcomes. It also highlighted the importance of safeguarding users’ rights to appeal and contest decisions, as well as the need to implement a unified and swift procedure that aligns with the nature of short leaves. Additionally, it recommended ensuring the independence of the attending doctor, refraining from including details of diagnosis or treatment in reports, and integrating the monitoring within a broader policy for managing health-related absences. This broader approach should encompass preventive measures, analysis of absence causes, and efforts to improve working conditions. The institution concluded by identifying 11 recommendations, which include establishing a clear framework for monitoring, updating internal regulations, and conducting periodic evaluations of the mechanism’s impact on users’ rights and productivity.

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