Can we ask employees why they are absent from work?

HR has requested that we contact employees if they are absent to inquire why they are out and when they will return, is this legal?

Rita Risser Chai replies:

Employers have a legitimate business reason for knowing, in general, why an employee is out and when they will return. Most employers do this routinely when the employee calls in to request the time off. HR or the supervisor can ask why. If the employee says, “I’m sick,” the employer is not allowed to go into the details but can certainly ask how long they anticipate being out. Companies routinely require a doctor’s note if someone is out for three days or longer. And if the employee is to be out long enough to qualify for Family Medical Leave, the employer is allowed to receive information from a doctor indicating that the reason is a “serious health condition.”

Posted 12-17-2019

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.