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Fmla has run out now terminated

Roselle, NJ |

My fmla is up so my job is terminated as of today I am on temp disability and in need of another surgery do i stay on temp disability then file for unemployment

Attorney Answers 2


  1. I understand that you are in a tough spot. However, more information is needed in order to properly respond.

    If you found this Answer helpful, please mark it as "Best Answer". Your feedback is greatly appreciated. Peter J. Lamont, Esq. Law Offices of Peter J. Lamont 623 Lafayette Avenue, Suite 2, Hawthorne, NJ 07506 Phone: (973) 949-3770 Fax: (866) 603-0471 Toll Free: (855) NJLAW01 (855) 655-2901 www.peterlamontesq.com Additional Offices in New York, Monument, CO, San Juan, PR and affiliates throughout the country. PLEASE NOTE: The above statements are provided for informational purposes only and do not constitute legal advice. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. You should not act or rely on any information contained on this site without first seeking the advice of an attorney.


  2. If your employer is large enough to fall under the FMLA, then it is likely that it could continue to provide you leave as a reasonable accommodation. Under the ADA and the NJ Law Against Discrimination, employer's have an obligation to provide reasonable accommodations to employees with disabilities. The definition of disability in New Jersey is pretty broad and it's likely that you're protected. You should contact your employer to ask them to provide you additional leave time as a reasonable accommodation. Also, you should speak with a qualified employment attorney.

    Since you cannot work due to your own medical condition, you should stay on temporary disability.

    This information is provided for informational purposes only. This is not legal advice and this response does not create an attorney-client relationship. If you wish to obtain legal advice, you should retain and consult with a local attorney.

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