I was hired by a company in Oct 2016 so i am a new employee. I have been diagnosed with Anxiety/panic issues last month. I provided a medical note to my employer that i need about 6-8 weeks off from work without getting paid so that i could recover 100% but they refused saying that unpaid medical leave is available to 12 months+ old employees only. Now they offered 4 weeks off and asking me to resign if i do not accept the offer and come to work after 4 weeks. They are also asking me to pay for medical during those 4 weeks. And they are also not offering full 2 weeks of paid vacation saying that its just 3 months this yr and i have earned only 4 days of paid vacation. Do i have any options? Can they fire me if i refuse to go back to work after 4 weeks ? Should i resign ?
Severe psychological issues are a disability protected by the New Jersey Law Against Discrimination. Employers have to provide reasonable accommodations to individuals with disabilities. Unpaid leave is recognized as a form of reasonable accommodation. Unfortunately, no case has set forth exactly how much leave is "reasonable," but the employer is likely to have a hard time establishing that it is an undue burden for it to provide more than 4 weeks. You should not resign. If they fire you, I believe you would have a strong claim under the NJLAD. Since you have not worked for a year, you are not covered by the FMLA and they can legally require you to pay for continuation of your medical insurance. Vacation is usually earned over the course of the year and the employer is not required to "advance" you vacation time before you have earned it.
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.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline