Legal Question in Employment Law in New Jersey

labor law

If the employer of a pregnant woman

can't adapt the work environment to

suite the needs of the pregnant

employee, but the pregnant

employee's physician opines that the

employee is not yet disabled because

she is not yet 36 weeks and has had

an uncomplicated pregnancy, what is

the responsibility of the employer, if

any? Is the employer required to

give the employee unemployment

benefits? As an example: a home

health aide, who routinely must lift

patients in and out of bed is pregnant

at 24 weeks, and simply can not

perform her duties. The employer

has no other work for her beyond her

described scope of duties (i.e.-''no

desk work''). The obstetrician caring

for the employee states that he can't

give her disability benefits until 36

weeks gestation as she is young,

healthy and has enjoyed a

complication free pregnancy.


Asked on 6/01/08, 10:13 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: labor law

Neither the ADA nor the NJLAD require an employer to reduce the requirements of a job to accommodate an employee with a disability or handicap. What is required is that the employer, when requested, make reasonable accommodations for a handicap when one exists. If I understand the facts here, the employee cannot do the job assigned. In that case, the employee can be terminated or furoughed without pay depending on what the employer wants to do.

If you are the employer, you should consult with your company attorney before acting. See also: http://info.corbettlaw.net/lawguru.htm

Read more
Answered on 6/02/08, 9:56 am


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