Legal Question in Disability Law in New Jersey

I had 2 surgeries last year due to a hernia. I injuried my neck and back ( not at work). I applied for FMLA but was told by my employer that I didn\'t have enough HRs to receive FMLA. I asked for a leave of absense and was denied that. I was ordered by my DR to be out of work for 9 weeks for Re-hab and possible surgery. I provided DR notes for every day I didn\'t work. My employer told me the notes were not being accepted and they consider me to have left my position as AWOl. i call my employer everyday to call out sick to to keep contact. I have been receiving temporary disability also. The are going to give me a termination hearing next week. Can they fire me ? My DR cleared me yesterday to return to work full duty no restrictions. My employer won\'t let me work now. I work in a county jail and I am a civil service employee. I have not missed 12 weeks of work. I just want to go back to work. please help


Asked on 7/31/09, 10:29 am

1 Answer from Attorneys
Randall Brett Law Office of Randall P. Brett

You may have a claim under FMLA but I can not be certain based on the facts you have provided in this posting. However, if you are a civil service employee you have certain rights under NJ law, one of which is a right to a hearing before your employer can dismiss you. You should contact an attorney who is experienced in this area as your right to appeal a dismissal is time limited. Feel free to call my office if you would like to schedule a consultation.

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Answered on 8/05/09, 6:52 pm


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