Human Resource Blog

Employees leaving work area

Can an employer dictate how often and when an employee can get up from their desk or work area? Our employer is thinking of instituting a policy that tells employees when and how often then can get up from their desks/work spaces.

Thank you.

Yes, this would be legal within limits. It is not that uncommon in industry. In factories, for example, an employee often must have permission to leave the production line, except during scheduled breaks.

OSHA requires that employees be permitted to use the bathroom when nature calls. In factories, that often means a short wait until a supervisor becomes available to fill in for the worker. Any lengthy delay would be a violation of OSHA regulations on worker safety.

We will say that this tactic is very uncommon in an office environment, and it is probably counterproductive. Several studies show that when employees with an office job are more physically active — getting up from the desk for 5 or 10 minutes every two hours or so, and moving around, they are more productive. If the employer has concerns about productivity, it is better to address performance issues with individual employees, rather than implement this policy for the entire office.