Legal Question in Employment Law in New Jersey

Re: medical leave

The provisions of the NJFLA and the FMLA differ on that point. The NJ statute requires the leave to be taken in one week increments. The FMLA permits even hourly leave. However both have other related requirements that might be applicable here. For example, both laws require that the employee give reasonable notice. The simple test is thirty days except for emergencies. The FMLA requires that the employee make reasonable efforts not to disrupt the employer's schedule. There are also conditions where the employee can be moved to a different position so long as the medical condition persists.

I recommend that you ask your lawyer to review the facts of this instance. Likely, you can require this employee to give 30 days advanced notice of any time required under the FMLA. Also likely, the employee will quickly exhaust his NJ benefit because each absence can be counted as a week. I think that a written notice to the employee is in order so that you can protect yourself. Then hold the employee to the letter of the law.

My firm handles matters of this type. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm