Legal Question in Employment Law in New Jersey

Re: Employer to ask employee to take leave

You don't mention the nature of the anxiety disorder and how it manifests itself. Is the employee still able to do her job? Have you tried to adjust the job - or the work environment - to enable the employee to do her job? In general, an employee must be able to perform the essential elements of his/her position with reasonable accomodation by the employer. However, there are several issues that must be looked at before you take any action regarding her job. Feel free to call me if you would like to discuss this further.

Re: Employer to ask employee to take leave

A plain and simple leave of absence without more is likely not to have a curative effect. Before you make any such request on your employee I would advice you to have a private conversation with her and explain your concerns. This, however, is all dependent on if she is willing to openly discuss her health/mental issues with her employer. Another alternative may be to refer her to a heath/mental care provider at your expense. Remember, you must keep an accurate written confidential record of her performance deficiencies (your own notes or notes witnessed or written by others and a performance evaluation where she has her own input). If she rejects your offer of assistance or she is unable to function with a modified restructuring of her duties then you may want to consider a worst case scenario such as a termination of employment. Please be fore warned that these are only suggestions and you may want to get detailed advice from an employment law attorney. Best wishes.