Is it legal for an employer to ask why and what you are doing while taking your PTO personal time off?

Asked on May 21, 2012 under Employment Labor Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

An employer can ask general questions about where you're going and what you plan on doing.  However, you are not required to give the information unless it is part of your jobs duties or PTO policies.  For example, if you are still required to be "on-call" and within a certain radius for certain days off, then the employer can ask and require answers necessary to effectuate the policy.  Absent such a policy, they can ask, but you don't have to give an answer.  To avoid confict, you may just want to say something generic like "I"m still working out the details-- but my goal is just to relax."  It's an answer, but so non-committal as to preserve your privacy.

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