New Jersey Law Against Discrimination NJLAD
If you are not entitled to leave under the FMLA or NJFLA, either due to the size of your employer or the length of your employment, you still may be entitled to a medical leave of absence under the New Jersey Law Against Discrimination (“NJLAD”). Under the NJLAD, a temporary leave of absence can, under some circumstances, be a reasonable accommodation. The NJLAD requires an employer to reasonably accommodate an employee's disability. To determine if a leave of absence is an appropriate accommodation, the employer must engage in an interactive process with the employee to determine whether the requested accommodation, medical leave, can be given without causing undue hardship to the employer. Once a disabled employee has requested an accommodation, it is the employer who must make the reasonable effort to determine the appropriate accommodation.
Contact Ms. Trabosh if your employer has denied your request for a medical leave of absence.
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