I am going to Cancun, Mexico from May 25-29 and my employer is mandating that I remain out of work for an additional 5 business days after returning.

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I am going to Cancun, Mexico from May 25-29 and my employer is mandating that I remain out of work for an additional 5 business days after returning.

Due to the Swine Flu outbreak. Is this legal?

Asked on May 13, 2009 under Employment Labor Law, Colorado

Answers:

R.C., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm assuming you are not being paid for the five days, or you would not be writing to us.  And I am also assuming you work for a private company and not for the government.  Thus, your employer's action is not illegal; a private employer has pretty much free range, unless the action is expressly forbidden by law (sexual harassment, or age discrimination, for just two examples).  If you are a member of a union, you certainly can grieve your boss's decision, and your union may take it up.  Or you can go to the Department of Labor and make a complaint, and see if they are inclined to get involved.


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