Can a boss ask for personal info of a deceased person?
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Can a boss ask for personal info of a deceased person?
I’m having a issue with my supervisor. I went on bereavement leave recently 11/2018 and provided proof funeral program to the other supervisor while she was on maternity leave. It was accepted and nothing was needed further. However when she returned she stated,to her knowledge I only lived with my child, and thus had to provide her a bill utility, phone, etc from the deceased prior to 11/2018 showing he lived with me. Is this legal? I’ve been with the company 10 years and this has never happened. She has also been secretly investigating me 4
Asked on February 4, 2019 under Employment Labor Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The fact is that absent an employment contract or union agreement to the contrary, an employer can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination). Accordingly, since bereavement leave is not legally mandated, to the extent that a company chooses to provide it to its workers, it can set the terms under which it is provided. This includes having an employee provide the information that you mentioned.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
There is no legal right to bereavement leave--employers do not have to provide this leave. Since it voluntary for them to provide, they may put any requirements they want on it, or require any documentation or proof they deem necessary or appropriate. So yes: your boss may ask for this.
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