Does my boss calling me asking when I will return to work while on disability leave constitute harassment on his part?

I am diabetic. pregnant and work crazy retail shifts, because of this combination my blood sugar became too low while driving home from work one night and I crashed into a telephone pole. for this reason i decided to go on disability leave. it hasn’t even been 2 weeks since the accident and I am still dealing with the incident and my boss won’t quit calling me asking when ill b back to work. It’s not an easy question to answer because I don’t know when I will have doctor approval. I just went on leave can’t I even have a little bit to recover before I am harassed with that question?

Asked on July 20, 2012 under Employment Labor Law, Pennsylvania


Andrew Goldberg

Answered 8 years ago | Contributor

The Crimes Code defines "harassment". Essentially, the telephone calls have to be pepeated and multiple. Second, the telehone calls must have no legitimate purpose. Oo, in this context, the first several telephone calls are probebly not harassment. After perhaps the 4th or 5th repeated telephone call, yes, it may be harassment. Before you call the police or file a private criminal complaint, I would  recommend you give your employer a warning. Tell him or her not to call you back for 30 days. Tell him or her that if he calls back before 30 days, you will call the police and seek criminal charges  (  for harassment  ) against him.

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