Change your policy now if you automatically terminate employees who use up theirand can’t yet to return to work without restrictions.
That’s because the New Jersey Law Against Discrimination (NJLAD) requires employers to start an interactive accommodations process when they learn an employee may be disabled.
Recent case: Ronald Brown drove an armored truck until he had heart surgery. He took 12 weeks ofleave, and his doctor would only clear him for light-duty work for a few weeks. The company fired Brown without discussing accommodations, and he sued.
The court ruled that NJLAD required Brown’s employer to start the interactive accommodations process when he returned to work. It also concluded that light-duty or more time off might be possible accommodations. (Brown v. Dunbar Armored, No. 08-3286, DC NJ, 2009)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Rush to fire or demote pregnant employee often backfires
- 3 common FMLA mistakes ... and how to avoid them
- FMLA: Second medical opinion is your option
- Can we deduct pay from an exempt worker who takes FMLA leave? If so, how should we calculate it?