Legal Question in Employment Law in New Jersey
There is an employee in my place of business who is getting physical therapy 2 times a week due to carpal tunnel syndrome that is probably directly related to the work performed (handwriting information into pre-printed forms). Each time she goes for therapy, she receives an \"occurrence\". After so many of these \"occurrences\" add up, she can be terminated. Is this legal? Does the employee have any recourse? A similar situation is arising for an employee who needs to have screws removed from a recent knee surgery. Management is telling her that she is needed and cannot have the days offs (2 days only) to remove the screws.
2 Answers from Attorneys
This is what has been called a "no fault absence policy" that will not stand up in court given that the employee may have protection under the ADA.
The employee may have a claim against the employer under the Americans with Disability Acts.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
