Legal Question in Medical Leave in New Jersey
short term disability vs fmla
If an employee is on std for longer than 3 months, does an employer have the legal right to hire someone else for your position. Does std work the same as fmla as far as an employers legal right to fill your position after the 12 week period.
1 Answer from Attorneys
STD is not the same as FMLA leave
If the employer did not designate your leave as FMLA leave, and your are FMLA eligible and employed by a covered employer, the answer is, generally, NO.
FMLA applies to 50 employees within a 75 mile radius. If this criteria is satisfied, you may be entited to federal FMLA leave. I am not licensed in your state yet. So, I can't advise you on any state claims you may have. Contact a lawyer immediately. If you have trouble finding one, just yell. Of course, in order to receive legal advice you can use, you should have a personal interview with a lawyer. The comments I have made are general and may or may not apply to your situation.
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