Legal Question in Employment Law in New Jersey

as a small business owner, do i have to hire back an employee who went on nj medical disability leave for 6 months? we couldnt leave her position vacant so hired some one else after two months she was gone

Asked on 1/15/11, 7:53 pm

1 Answer from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

Thank you for your LawGuru question. As a general rule, there is no obligation to "keep a job open" for an employee on leave. However, as with any rule, there are many exceptions. The answer will depend on a number of things including your definition of "small," your company's past practices with other employees, "promises " your company made, etc. You need legal advice on this issue. Please me ASAP so that we may explore your issue and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

With best wishes,

Barry F. Gartenberg, Esq.

Please visit my website!

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Answered on 1/20/11, 8:12 pm

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