Legal Question in Employment Law in New York

Checking Email on Days Off

Can an employee be required to check their email when they take a PTO day (personal time off)? How about when they are on company approved medical leave?


Asked on 7/18/07, 8:41 am

1 Answer from Attorneys

Jason Stern Law Offices of Jason Stern

Re: Checking Email on Days Off

Note the subtle difference between requiring you to check your email and strongly suggesting that you check it.

It's not unreasonable (or unlawful) to ask an employee taking a personal day to check in by phone or email.

It could be harassment or discrimination when the same parameters are placed upon someone who is taking extended maternity leave or medical leave.

If you are out on approved FMLA leave and being told you are required to check (and respond to) emails, then you should consult with an attorney.

You may contact my office via email or through SeveranceAttorney.com to schedule a consultation.

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Answered on 7/18/07, 2:20 pm


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