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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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