Employment Law

Can You Get Medical Leave for Depression in New Jersey?

By July 27th, 2021 No Comments
New Law Prohibits Adverse Employment Action for Covid-19 Related Leaves

It is easy to get medical leave when you have flu or any other type of physical illness. However, getting medical leave for depression can be a bit more complex. When the work environment is stressful or you suffer from depression, taking some time off may improve your performance when you finally get back.

If you have symptoms of depression, do not brush it off as burnout or something that will eventually go away. Treating depression early is easier than waiting for it to go away. If you feel that your employer is discriminating against you because of your condition, you should seek the help of an experienced employment attorney at the Law Offices of Usmaan Sleemi

 If you suffer from depression or any other mental health condition, the law protects you against any form of discrimination or harassment. You have the right to ask for reasonable accommodations that may help you improve your performance at work. 

Your Employer Can’t Fire You Because of Your Mental Health Condition

doctor negotiations | sleemi lawIt is illegal for your employer to fire you because of your condition. They should not deny you promotions because of it.

They don’t have to hire you for jobs that you are incapable of performing. You may be rejected for a position or promotion if you pose a direct threat to yourself or others. 

They need objective evidence that you can’t perform at a job. The law does not allow them to base their judgment on myths or stereotypes. 

Keeping Your Condition Private

Even when you ask for medical leave for depression, you have the right to keep your condition private. If you have disclosed your condition to them, they should not share it with other people. An employer is only allowed to ask about your condition under a handful of circumstances, including:

  • Before employing you, after they have made a job offer. They must ask the same question to everyone else in that job category
  • On the job, if they have objective proof that you may be incapable of doing the job safely
  • When it is having an affirmative action for people with disabilities. You should have the option of not responding
  • When they need to discuss your eligibility for benefits provided under the law. 

Contact Sleemi Law

The decision to discuss your condition with coworkers is entirely yours. You don’t need to do it if it makes you uncomfortable. If your coworkers are harassing you for your mental condition, you should report your employer immediately.

Your employer will guide you through the relevant reporting procedure. Once you report harassment, your employer should take action to prevent it from happening again. If they don’t, seek the help of an employment attorney in Newark, NJ. 

If you need the help of an employment law attorney in New Jersey, consider getting help from the Law Offices of Usmaan Sleemi. We represent both individuals and businesses that need help with their employment problems. Usmaan Sleemi has helped many employees get fair treatment at work. Contact us today and get a free consultation.

Call Today! (973) 354-2788