Is it OK for my store manager to question me about me going on medical leave?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it OK for my store manager to question me about me going on medical leave?

A few days ago, I told my immediate boss that I was going to need knee surgery. He tells me OK, asked when my surgery was going to be, and to make sure I turn in all my medical leave papers as soon as I can. Then my store manager came up to me and started asking me questions: When did I find out I needed surgery? How long has my

knee been hurting? Did I have to schedule the surgery now or could it have waited? I am just wondering if that was legal. Did he have the right to question me like that?

Asked on December 5, 2016 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is nothing improper about it. We are in the holiday shopping season--a critical time for a retail store, as you evidently work at. If the surgery is elective, not emergency or time critical, the employer would have the right to require you to schedule it for a non-critical period: employers can require employees to schedule anything non-emergency (elective surgery; vacations; etc.) for periods that are less disruptive for the employer; they don't have to allow you to take off whenever you like. So the questions the employer is asking are to find out if this is emergency or elective, and, if elective, why have you scheduled it at this time.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption