A practitioner-oriented guide for seafarers, manning agencies, shipowners, P&I correspondents, and counsel—covering what happens after a medical repatriation, from “sickness wages” and disability assessment to redeployment eligibility, anti-discrimination limits, and CBA overlays.

Big-picture points (at a glance)

Medical repatriation triggers a treatment-and-compensation regime, not an automatic right to a new contract.
Security of tenure does not apply to overseas seafarers on fixed-term POEA/DMW contracts; reemployment is by fresh engagement, subject to fitness, position availability, certifications, and company/CBA policies.
Fit-to-work within the 120/240-day window generally restores eligibility for redeployment; permanent disability limits or bars sea service depending on grade and job.
Refusal to redeploy a medically fit seafarer cannot be based on past illness alone (risk of discrimination/blacklisting issues), but employers may rely on bona fide medical, safety, or qualification grounds.
Core monetary entitlements—medical care, sickness allowance, and disability benefits—are separate from any decision to rehire.

I. The legal frame you operate in

POEA/DMW Standard Employment Contract (POEA-SEC) for seafarers
- Governs medical repatriation, employer-paid medical care, sickness allowance (up to 120 days), disability grading/benefits, and the company-designated physician protocol, including the three-doctor process when assessments conflict.
- The contract is per vessel/per term; it expires at end of contract or upon repatriation (if earlier). Reemployment requires a new contract.
STCW & flag/port medical standards
- Sea service requires medical fitness compatible with the duties (e.g., deck, engine, catering). Fitness standards may lawfully exclude conditions incompatible with safety-critical work.
MLC, 2006 (Maritime Labour Convention) principles
- Shipowner liability for medical care, wages during treatment, and compensation for injury/illness attributable to service; emphasizes no-cost repatriation/treatment for the seafarer until maximum cure or final assessment.
Labor/anti-discrimination baselines
- No blanket right to rehire after contract expiry. But blacklisting or retaliatory non-hiring for asserting legitimate medical/comp claims may be actionable (administrative or civil).
- Persons with Disability protections and general equal-opportunity norms apply where compatible with safety-critical maritime standards.

II. What medical repatriation triggers (rights and obligations)

A) Immediate rights upon repatriation

Employer-paid medical care with a company-designated physician; seafarer must report/submit to medical evaluation promptly (commonly within 3 working days of arrival, absent justifiable reasons).
Sickness allowance at the basic wage rate for the period of medical treatment or until declared fit or issued a final disability assessment, up to 120 days; extendable to 240 days when further treatment is justified and properly documented.
Transportation, accommodation, and incidentals tied to treatment are for the employer’s account.

B) The 120/240-day rule and the final medical assessment

Within 120 days, the company doctor should issue a fit-to-work or disability grading.
If further treatment is necessary and properly substantiated, the window may extend up to 240 days before a final assessment is due.
No final, definite assessment within the allowable period (without valid justification) risks a finding of permanent and total disability by operation of law/contract.
Conflicting opinions? Seafarer may obtain his doctor-of-choice opinion; if conflict persists, refer to a third doctor jointly appointed—their binding assessment (per POEA-SEC) typically governs.

C) Disability grading & impact on future sea service

Grades (e.g., 1–14 under POEA-SEC) translate to benefit amounts and functional limitations.
Permanent total (e.g., Grade 1) is generally incompatible with further sea service.
Permanent partial (e.g., Grades 2–14) may still allow shore-based or less strenuous onboard roles if medical standards are met; redeployment remains a management/principal decision consistent with safety and job requirements.

III. Reemployment (redeployment) after medical repatriation

A) Is there a right to be rehired?

No vested right to reemployment exists after a fixed-term seafarer contract ends—even if the repatriation was medical and the seafarer later becomes fit.
Many CBAs or company policies offer priority listing, return-to-pool, or consideration for rehire, but these are not guarantees.

B) When the seafarer is fit-to-work

A seafarer cleared fit (by company doctor or through the three-doctor process) is ordinarily eligible for PEME and reassignment, subject to:
- Vacancy and principal approval;
- Valid STCW certificates, medical certificate for sea service from an accredited clinic, and document validity (e.g., passport/Seaman’s Book/US visa/Schengen as applicable);
- No safety-incompatible residuals (e.g., uncontrolled epilepsy for bridge watch).
Denial risks: Categorical refusals because of prior illness alone—despite a fit status—can invite discrimination/retaliation allegations, especially if comparators exist or reasons shift.

C) When the seafarer has permanent disability

No duty to reemploy for sea service. The path shifts to contractual disability benefits, CBA enhancements, and possibly alternative employment (shore-based) if offered.
Some CBAs include supplemental compensation, vocational rehab, or return-to-work facilitation—check the exact CBA.

D) “Light duty” and modified assignments

Maritime roles are safety-critical; “light duty” options onboard are limited. Reasonable accommodation applies within the constraints of flag-state and STCW standards. Agencies may consider shore assignments where feasible, but there is no legal compulsion to create new posts.

IV. Non-discrimination, blacklisting, and data privacy

Past claims are protected conduct. Punishing a seafarer for seeking medical care or disability benefits (e.g., blacklisting) is unlawful and can ground administrative sanctions and damages.
Medical confidentiality. Employers and clinics must handle medical data under privacy principles; disclosure should be need-to-know for placement decisions, not broadcast across fleets or recruiters.
Legitimate safety concerns based on documented medical limits are valid grounds to decline rehire; keep clear, medical, job-related reasons on file.

V. Money rights vs. reemployment decisions (keep the lanes separate)

Sickness allowance (up to 120, extendable to 240 days), medical treatment, and disability compensation are owed under the existing/expired contract based on the illness/injury.
Reemployment is a separate, forward-looking decision under a new contract. Paying disability benefits does not create an obligation to rehire; conversely, being fit to work does not erase pending money claims.

VI. Practical timelines and workflows

For seafarers

Report immediately to the manning agency/company clinic upon arrival; comply with referrals and therapy.
Keep all records: medical reports, prescriptions, therapy logs, receipts (if any out-of-pocket).
If the 120th day nears without a definite assessment, ask in writing about the treatment plan and expected final assessment.
If declared fit, request copies of the fit-to-work and proceed to PEME/document renewals for redeployment.
If declared with disability, review the grade, benefit computation, and—if disputing—activate the second/third-doctor pathway promptly.
For rehire, maintain STCW validity, visa/travel docs, and medical certificate currency.

For employers/manning agencies

Arrange and pay for prompt medical management with a company-designated physician; document all visits and decisions.
Monitor the 120/240-day clocks; issue a final, definite assessment within the allowable period or properly justify extension.
If fit-to-work, process for pooling/PEME consistent with fleet needs; record objective reasons if not redeploying.
If disabled, compute and pay benefits per grade/CBA, on time and in full; address disputes through the three-doctor mechanism.
Avoid blanket bans tied to prior illness; base decisions on current fitness and job requirements; preserve privacy.

VII. Common disputes—and how they resolve

No timely final assessment → risk of deemed permanent total disability; agencies often settle or face adverse awards.
Fit-to-work but not rehired → generally no illegal dismissal (contract ended), but blacklisting/discrimination claims may succeed if evidence shows retaliatory motive or pretext.
Conflicting medical opinions → elevate to third doctor; failure to do so can weaken one party’s case.
Partial disability but seafarer seeks redeployment → case-by-case; if fit and job-compatible, redeployment is possible; otherwise, shore placement or separation with benefits.

VIII. CBA overlays and insurance

CBAs may increase sickness allowance, raise disability amounts, add supplemental benefits, or provide priority re-engagement language.
P&I/insurance handle indemnity but do not dictate hiring; their medical panels often integrate with company-designated physicians—still, final employer decisions must align with contract and law.

IX. Checklists

Seafarer redeployment readiness

Fit-to-work certificate (company doctor or third-doctor result)
Valid PEME and Medical Certificate for Sea Service (accredited clinic)
STCW and safety certificates current (with required refreshers)
Travel documents/visas valid
No job-incompatible restrictions (e.g., uncorrected vision/hearing issues for watchkeepers)

Employer decision file (to defend a non-rehire)

Final medical assessment and any job-specific contraindications
Fleet vacancy matrix and principal instructions
Objective selection criteria (seniority, performance, rotation)
Privacy-compliant handling of medical data
Evidence of no retaliation for prior claims (comparators, consistent treatment)

X. FAQs

Is a medically repatriated seafarer automatically entitled to reinstatement? No. The contract is fixed-term. If later fit, the seafarer may be considered for rehire like any candidate.

Can an employer refuse to rehire a seafarer who is medically fit? Yes—if based on legitimate, job-related reasons (no vacancy, credentials expired, safety constraints). Not because the seafarer previously filed a claim or was once ill.

Does receiving disability pay waive redeployment? Receiving permanent disability (especially high-grade) typically precludes future sea service. Lower grades may still allow certain roles, but no guarantee of rehire.

What if the company doctor delays or never issues a final assessment? The law/contract framework may treat the disability as permanent total after the allowable period—significant liability risk for the employer.

XI. Bottom line

After medical repatriation, a seafarer’s core rights are to treatment, sickness allowance, and a timely, definite medical assessment that leads to the correct disability benefits—or a fit-to-work clearance.
Reemployment is not a right, but eligibility returns with fitness, valid certifications, and job compatibility.
Employers should decide transparently and lawfully, avoiding retaliation or blanket bans, while seafarers should document their treatment, track the 120/240-day clocks, and keep credentials current to maximize redeployment prospects.