Legal Question in Medical Leave in New Jersey
Firing person on temporary mental health leave
I have an employee that I was set to let go for performance issues, but has since gone out on temporary mental health leave for at least 30 days. Can I fire that person at any time during their leave? I have a small company of 32 employees.
1 Answer from Attorneys
Re: Firing person on temporary mental health leave
This is a question that we are frequently asked and the answer is "it depends". Our advice is always fact-sensitive and requires an analysis of what the performance issue was, whether it was communicated to the employee as a warning, whether there is an employment manual or policy dealing with the issue, whether there is a union, etc.
Needless to say, it is complicated and requires a balancing of factors and evaluation of proofs.
You need to see a lawyer for propoer guidance.
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