If a doctors not says the employee may return to work after symptom free for 24 hours with no return to work how long fo we have to keep the employee employeed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a doctors not says the employee may return to work after symptom free for 24 hours with no return to work how long fo we have to keep the employee employeed?
Employee has been out almost the whole month of January and February. The last note she has say she may return to work after being symptom free for 24 hours. She has not supplied the note, and now used all her vacation days and says she is still sick and can’t return. Can we terminate her employment?
Asked on February 14, 2018 under Employment Labor Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If she has not--
1) Used paid time off (PTO) she had accrued for her absence; and/or
2) Used FMLA (Family and Medical Leave Act) leave for the absence (which also means a) she must be eligible: been with you at least 1 year and worked at least 1,250 hours in the past 12 months; and b) your business must employ at least 50 people within a 75-mile radius)
--you can let her go right now. Except if the absence is coveerd by PTO and/or FMLA, there is NO right to miss or be absent from work, even for illness.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.