Legal Question in Employment Law in New Jersey

Family leave & disability

My wife is on temporary disability, & left work on FMLA. The doctor has advised that when she returns to work she will not be able to lift over 5 pounds. Her job requires that, does her employee have to give her a similiar job without lifting?, or if they offer her a part time job is she required to accept, or should the lay her off, and if so can she collect NJ unemployment


Asked on 7/10/08, 4:01 pm

1 Answer from Attorneys

Fred Shahrooz Scampato Law Office of Fred Shahrooz Scampato

Re: Family leave & disability

My response first requires a disclaimer: I am of the opinion that this situation is one where your family ought to have a consultation with an employment attorney to help you with this. There are many ways that an underhanded employer can sabotage you if you are not up on the law in this area. Now with that disclaimer out of the way, I would say that generally, the first thing she should do is to ask her doctor to write a letter to the employer and request a reasonable accommodation under the NJ Law Against Discrimination or the American With Disabilities Act. In other words, is there a way for the employer to accommodate your wife's work environment in order for her to be once again able to perform the essential duties of her job. Once a reasonable accommodation has been made, then it is up to the employer to determine whether the request is a reasonable one. Here's a website you can visit for much more information about the process:

http://www.eeoc.gov/policy/docs/accommodation.html

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Answered on 7/10/08, 5:05 pm


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