QUESTION
Return to work of an employee.
Asked on Sep 30th, 2013 on Employment Contracts - New Jersey
More details to this question:
I have an employee who, following maternity leave, was placed on disability by her doctor for a period of 9 months. The doctor now has approved the employee to return to work on a part time basis for one month in an effort to transition the employee to a full time status. The arrangement proposed is to have the employee work 5 hrs/day for 3 days a week for 2 weeks followed by 8 hrs/day for 3 days a week for 2 weeks. The doctor will then evaluate the employee to see whether she may return full time. Unfortunately, however, her job requires to have someone there on a full time basis @ 8 hours/day for 5 days a week and we are unable to accommodate the part time request. What are the employer's obligations in this case?
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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these cases are 'fact sensitive'. for example, how many employees do you have ? if you have a small number of employees and the employee's position is crucial, the you do not have to make a 'reasonable accomodation' concerning 'work hours'. however, if the work is not crucial and can be accomplished with 'reasonable accomodation' by shifting the work hours, then the employer is required to provide the 'accomodation'. please call and we can discuss the actual facts. ed dimon, esq. 732-797-1600 ext 235
Answered on Sep 30th, 2013 at 5:00 PM