Is it considered harassment for an employer to contact you consistently leaving voicemails and sending emails about work while you are out on medical leave?

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Is it considered harassment for an employer to contact you consistently leaving voicemails and sending emails about work while you are out on medical leave?

Asked on January 24, 2012 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, it is not harassment for your employer to contact you about work.

However, it may be that if you are spending a significant amount of time on work-related matters while on leave, that you should either be paid for those hours (if on unpaid leave), or have work time substituted for some of  your vacation or sick time, if you are using some form of PTO. This is clearly much easier to do if  you are an hourly employee than a salaried one, since it is easier to determine what you might be paid for having to sporadically work in that case. It's also possible that if the total time per day is only around an hour or so, that it's not worth raising the issue, as practical matter.


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