About the medical test and previous medical conditions | EU Training

Hi there,

eventually, I've been offered a position as a permanent official.

My concern with the medical test is that I suffer from fibromyalgia, chronic fatigue syndrome and multiple chemical sensitivity from some years ago. 

These illnesses don't really interfere with my working life; I've been working as a full-time civil servant and part-time at the private sector in my home country for the past two years.

So, the question is, should I declare my medical condition during the medical test or shouldn't I?

Thanks for your advice.

Normally, you have to declare

Rudeneja Fri, 11/17/2017 - 12:07

Normally, you have to declare it as you sign that you have declared all your conditions. But in my opinion, there's a good chance that they will put you under an insurance related restriction (5 years I'd say) applicable in case of invalidity or death because of your condition during that period. It is up to you to decide then if it is worth for you taking up the job where you are not properly insured for a good while.
 

Hi Rudeneja,

anuk Mon, 11/20/2017 - 19:16

Hi Rudeneja,

Are you saying that if an applicant has a chronic illness or a disability they are not insured for life as the rest of the permanent personnel? Not even for higher insurance fees, for example? 

Is this rule somewhere publicly accessible so we can read it?

You know, I read up the Staff

Rudeneja Tue, 11/21/2017 - 10:54

You know, I read up the Staff Regulations, and it seems that it is only applicable to contract staff (Art. 100). Though I am pretty sure I heard officials talking about some insurance restrictions/waivers due to medical conditions at time of recruitment/history of serious illness, too. I cannot find anything about that though. Maybe I was wrong in  the beginning and you'll get recruited without any restrictions. Anyway, they'll let you know during the medical checks.

If there are insurance

Mildred Tue, 11/21/2017 - 11:58

If there are insurance restrictions for officials with a disability or a chronic illness, given that they can be productive in their work environment, it sounds like pure discrimination to me. Hope that's not the case. EU institutions should not act like private insurance companies that do not accept clients with disabilities. It's really against anything the EU stands for. 

Actually, my concern is that

y.maldonadotorres@gmail.com Tue, 11/21/2017 - 11:46

Actually, my concern is that they withdraw the offer because they might decide that I'm physically unfit for the position. I don't actually mind if any restrictions apply...

Thanks for your answers.

Well, y.maldonadotorres,

Mildred Tue, 11/21/2017 - 12:16

Well, y.maldonadotorres, although I can totally understand your concerns, you should mind (everyone should mind) if insurance restrictions apply to you due to your chronic illness. It's like the European Commission punishes you for your illness! It's not right and it's definitely not legal. There are anti-discrimination laws for god's sake...

A permanent official has

Rudeneja Tue, 11/21/2017 - 12:48

A permanent official has confirmed that the 5-year restriction has been applied in her case as well. I don't know where to read up on that.
 

Hi Rudeneja,

Mildred Tue, 11/21/2017 - 13:12

Hi Rudeneja,

We all appreciate the info you provide from internal sources since nothing about this issue is "public knowledge" and we cannot read about it or even consult a lawyer.

Could you please inform us about the nature of those restrictions you are mentioning? 

For example, will y.maldonadotorres have to pay extra insurance fees during those 5 years or she will just have to be re-examined medically by the end of the 5-year period?

It's a similar restriction as

Rudeneja Tue, 11/21/2017 - 14:20

It's a similar restriction as in Art. 32 or 100 of Staff Regulations. I have no time to find the clause or document they are basing it on for permanent officials, but if it is done, there must be one (you can try looking for it if you feel like it). I don't think it's kept secret, it is just that we usually don't expect it.

 

They cannot withdraw the

lasombradecain@gmail.com Fri, 11/24/2017 - 16:23

They cannot withdraw the offer based on your medical history, that'd be discrimination! If they apply insurance restrictions, you may always complement your coverage with private insurance. I cannot base my statements on the law, but I know of people who have been hired as contract agents or civil servants in the EU with health problems such as: a heart condition, epilepsy, asthma and chronic depression (person even declared suicide attempts, and the only consequence is that HR department deployed a very serious analysis of the psychosocial risks for that person in his specific post). Your medical results are CONFIDENTIAL, the doctor will issue a very generic and neutral statement to the HR department stating if anything needs to be adapted in your post. So, whatever you say to the doctor will not be disclosed to your boss or any of your colleagues, only generic instructions, if applicable, will be sent to HR. Now, if you're not sure, contact a EU workers' union (un sindicato, vaya) or even the medical service to ask for the applicable provisions or how your medical record will be dealt with. And no, I'm not working in the EU so I cannot give you much more specific advice but my words are more or less common sense :-) Good luck!

They cannot withdraw the

lasombradecain@gmail.com Fri, 11/24/2017 - 16:26

They cannot withdraw the offer based on your medical history, that'd be discrimination! If they apply insurance restrictions, you may always complement your coverage with private insurance. I cannot base my statements on the law, but I know of people who have been hired as contract agents or civil servants in the EU with health problems such as: a heart condition, epilepsy, asthma and chronic depression (person even declared suicide attempts, and the only consequence is that HR department deployed a very serious analysis of the psychosocial risks for that person in his specific post). Your medical results are CONFIDENTIAL, the doctor will issue a very generic and neutral statement to the HR department stating if anything needs to be adapted in your post. So, whatever you say to the doctor will not be disclosed to your boss or any of your colleagues, only generic instructions, if applicable, will be sent to HR. Now, if you're not sure, contact a EU workers' union (un sindicato, vaya) or even the medical service to ask for the applicable provisions or how your medical record will be dealt with. And no, I'm not working in the EU so I cannot give you much more specific advice but my words are more or less common sense :-) Good luck!

Hi,

y.maldonadotorres@gmail.com Fri, 11/24/2017 - 17:18

Hi,

I’ve asked because I’ve read that it had happened before. There’s a complete record of a woman whose offer was withdrawn twice, one at the Comission and the other three years later at a unit I can’t remember. 

I guess, according to what I’ve read, that she has some kind of psychiatric problem... But, anyway, it sound odd to me.

I’ll try to figure out who I can contact in Brussels for some advice. Lawyers specialised in my illnesses here in Spain don’t have much idea of how things work at the EU institutions; they often deal with invalidities but not the issue that we are discussing here.

You know, I suffer from an illness that it’s hard to prove when you are unable to work. However, for instance, private companies don’t allow me to have a life or a medical insurance (I do have one here in Spain because I have arranged it before the ilnesses appear; but I can’t switch to any other one). It sucks...

Maybe the Welcome Office can

lasombradecain@gmail.com Sat, 12/02/2017 - 08:34

Maybe the Welcome Office can help you find the right contact person. When they offered you the job, didn't they give you Welcome Office's e-mail address and telephone? They are supposed to help you with all necessary info concerning relocation, school for the kids, insurance for your family, etc. Surely they can help you find the answers to your questions. Otherwise I would contact Unions working with EU officials (but this, I've already said). Along all this forum questions you may also find Spaniards who have worked for the EU, see if they mention their e-mails. But as you can see, most people reading all this (me included) are looking for a job in the EU and don't have a clue.

Good luck!

1) if you dont need to for

Christiane Tue, 12/05/2017 - 22:14

1) if you dont need to for other reasons, don't tell them

2) if you want to tell them come with statements from your doctors at home stating that your medical problems dont influence your ability to work

Hi there, 

y.maldonadotorres@gmail.com Fri, 01/26/2018 - 12:45

Hi there, 

 

@lasombradecain The Welcome Office doesn't contact you until you receive the official offer for the position, and this always happens after the pre-recruitment examination. On the other hand, I tried to contact some workers unions, but got no answer LoL

 

I want to update you on this issue. Maybe it can help someone in the future. 

I finally attended my medical visit in December and declared all my previous conditions. I was required to take an extra visit with a specialist two weeks ago. The medical service considers that I am fit for the work but with restrictions, and these restrictions result in the following:

ANNEX VIII to the Staff Regulations

Article 1

1. Where the medical examination made before an official takes up his duties shows that he is suffering from sickness or invalidity, the appointing authority may, in so far as risks arising from such sickness or invalidity are concerned, decide to admit that official to guaranteed benefits in respect of invalidity or death only after a period of five years from the date of his entering the service of the Union .

The official may appeal against such decision to the Invalidity Committee.

 

Conditions of employment of other servants

Article 32

Where the medical examination made before a servant is engaged shows that he is suffering from sickness or invalidity, the authority referred to in the first paragraph of Article 6 may, in so far as risks arising from such sickness or invalidity are concerned, decide to admit him to guaranteed benefits in respect of invalidity or death only after a period of five years from the date of his entering the service of the institution.

The servant may appeal against this decision to the Invalidity Committee provided for in Article 4 (1) of the Staff Regulations.

Article 100

Where the medical examination made before a member of the contract staff is engaged shows that he is suffering from sickness or invalidity, the authority referred to in the first paragraph of Article 6 may, in so far as risks arising from such sickness or invalidity are concerned, decide to grant him guaranteed benefits in respect of invalidity or death only after a period of five years from the date of his entering the service of the institution.

The contract staff member may appeal against this decision to the Invalidity Committee provided for in paragraph 1(b) of Article 9 of the Staff Regulations.

I was required to sign an 'acknowledgement form' in order for my file to be completed and sent to the Human Resources department. So, hopefully, I will receive the official offer very soon and join the service right afterwards. 

Maybe it is not the ideal situation and, as some you referred, it can be considered discriminatory in some way. But, for the moment, this is how things work at the European level and, as I have a back-up in Spain (I am a civil servant here, too), I don't mind to agree to these conditions. 

Good luck to all of you,

Yolanda 

 

Dear Yolanda,

comms-lingu Sun, 09/22/2019 - 11:19

Dear Yolanda,

I wanted to thank you for sharing this information. I also have an auto-immun disease and was worried that I might not pass the medical test.

I would have one more question, if you don't mind: Were you excempt from the invalidaty insurance in general or only for the disease you have. I wouldn't be worried not being insured for invalidity due to my disease (risk is very low as in your case). But if one is not insured at all this is quite a discrimination. What if one just has an accident and cannot work anymore afterwards?

Thank you,

C.

Hi there,

y.maldonadotorres@gmail.com Sun, 09/22/2019 - 13:43

Hi there,

the restriction only applies to my previous disease and for a period of five years. 

And for the health insurance - JSIS -, there is no restriction at all. 

Hope it helps.

Yolanda