Can an employer call me on my day off?

UPDATED: Nov 28, 2011

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Can an employer call me on my day off?

Can an employer call me to ask random things? Things that could of waited until I went to work the next day. My boss just called me pretty much just to vent and ask some unimportant questions. I could understand if it was an emergency but not when it’s ridiculous things on my day off, when I’m trying to spend quality time with my child.

Asked on November 28, 2011 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, your employer may call you on day off. The law does not require vacation days or days off to begin with--it's up to the employer to set schedules, determine days off, provide vacation days, etc.; and similarly, an employer is free to contact an employee on his/her day off (or vacation day) and ask him/her questions or make him/her do work.

The limitations are:

1) If you are an hourly employee, you should be paid for any time you did spend working--and being on the phone ith your supervisor counts as working. So if you spent an hour on the phone, if an hourly employee, you should be paid for that  hour.

2) If the employer caused you to incur some cost--for example, they made you miss a movie you had pre-ordered tickets for--they should reimburse you.

3) *Possibly* if you were a salaried employee and you missed a significantly large part of your day off--a few hours--and the day off was a vacation day you had used, they might have to give you another day to compensate; but they would not have to if it was your regular weekly day off.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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