Is it illegal to ask why a person is taking a personal day?

UPDATED: Oct 1, 2022

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Is it illegal to ask why a person is taking a personal day?

Hi there,

I work in MA. My company only allows people to take personal days for certain

reasons. These include a doctors appointment, child care emergencies, additional sick time, and for religious holidays, and job interviews after a certain time that’s it. However, I thought it was illegal to ask why a person is taking a personal day or at least I’m not obligated to answer. Isn’t this illegal? It seems like they’re technically making me give a reason since they need to know if it’s from a certain list. My employer is also a non-profit, I don’t know if that helps.

Asked on March 13, 2019 under Employment Labor Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it is not illegal. The law does not give employees a right to personal days, or require employers to provide them; it is voluntary for employers to give employees personal days. It being voluntary on their part, employers may put restrictions on them, such as only allowing them for certain purposes. And if they are only allowed for certain purposes, the company can inquire into why you want/need one, to see if it is an approved purpose.

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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