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NJ Labor And Employment Law

The New Jersey Labor and Employment Law Blog is authored by Jay S. Becker and Joseph C. DeBlasio, shareholders in the Labor and Employment Law Practice Group, with support from the associates in the Group. It is dedicated to provide news and updates regarding all labor and employment matters throughout New Jersey.

Potential Game Changing Decision: Extended Leave Not A Reasonable Accommodation

The 7th Circuit Court of Appeals has just ruled that extended time off, after all paid and Family Medical Leave Act (“FMLA) leave has been exhausted is not a “reasonable accommodation” under the Americans with Disabilities Act (“ADA”).   The decision in the matter Severson v. Woodcraft, Inc., runs contrary to the long standing position taken […]

What Should An Employer Do When An Ill or Injured Employee Has No Available Leave?

Co-Authored By Jeri L. Abrams When an ill or injured employee fails to return to work after they have exhausted all available leave (or were never eligible for leave in the first place), an employer cannot automatically terminate the employee.  The courts in New Jersey have held that a “reasonable accommodation” for a disability includes […]

Newark City Council Introduces Paid Sick Leave Ordinance

On October 29, 2013, Newark City Council unanimously voted to introduce legislation that would require private employers operating in the city to provide paid sick time to their employees.  If the ordinance is enacted, eligible employees will be entitled to paid sick time to attend to their health conditions, to care for a family member’s […]

Jersey City Implements Paid Sick Leave Requirement

In the trend towards mandatory employer-provided paid sick leave, on September 25, 2013 Jersey City became the first city in the state of New Jersey – and the sixth city nationwide – to require paid sick time to employees of private businesses. Ordinance Number 13-097, requires that all Jersey City businesses provide paid sick leave […]

Employee's Own Statement About Illness Could Qualify For FMLA Leave

The federal Family and Medical Leave Act (FMLA) allows eligible employees up to 12 weeks of leave in a 12-month period for the employee’s own “serious health condition” or to care for a family member with such a condition. One way for an employee to establish their own “serious health condition” is to show a […]

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