Legal Question in Employment Law in New Jersey

Termination due to illness

Can I be terminated in the state of NJ due to disability. I was diagnosed with a Brain Aneursym and absent from work from 11/18/08 thru 3/1/09. During that time I had two surgeries. Due to an infection at the surgical site I had a third opertation this month. I informed my employer that I was unsure when I would be able to return, but would let them know as soon as I do. I am currently receiving intravenous antibiotics at home, my choice, instead of remaining in the hospital for a month. My employer terminated me on 5/4/09 since I exhaused my family medical leave last year and am not entitled to additional days until after 11/19/09. Is this permitted, everyone I talk to says no, please advise.


Asked on 5/26/09, 2:55 pm

2 Answers from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Re: Termination due to illness

There is a difference between a disability (protected by the ADA and NJ Laws Against Discrimination) and an illness that results in an extended absence from work. Once you have exhausted all of your available sick days, vacation days, FMLA time and all other allowable time-off, your employer has a right to fill your position. But please do not take my answer as the final verdict on your situation. I would advise you to take time and go over your situation -in detail- with an attorney. Best wishes.

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Answered on 5/26/09, 3:07 pm
Randall Brett Law Office of Randall P. Brett

Re: Termination due to illness

In general, an employer is not required to hold your job open if you have exhausted all of your FMLA, vacation and sick days. However, you should consult an attorney because there may be other issues here, given the cause of your illness and whether or not you have a cause of action under the NJ Law Against Discrimination and/or the Americans with Disabilities Act.

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Answered on 5/26/09, 4:04 pm


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