Legal Question in Employment Law in New Jersey

unpaid leave of absence

Can an employer deny completely or limit the length of time an employee may take off as an unpaid leave of absence? The full time employee wants to visit his aging parents for up to two months. The employee is not ill, nor are the parents. This person took a 6 week leave in the past to visit family, but it was during the employer's slow season. This leave would be during the busy season. May the employer replace this person if necessary? May the employer ask that the employee resign if he insists on leaving during a busy tim?


Asked on 7/08/00, 5:16 pm

1 Answer from Attorneys
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: unpaid leave of absence

so long as the employee is not under a written employment agreement he is an employee "at will" and can be terminated without cause. You can warn the employee that if he takes the anticipated leave that his position will be terminated.

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Answered on 9/07/00, 10:54 pm


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