Employment Law

Returning to Work After Medical Leave in New Jersey

By February 16th, 2022 No Comments
What Can You Do About COVID-19 and Unsafe Working Conditions in New Jersey?

Sometimes, your medical condition may take a toll on your job performance. This may force you to take a medical leave. You can also take a medical leave to take care of an ailing member of your family. Even though employers are required by law to grant their employees medical leave, at times, the latter may, upon return, be disadvantaged by losing their job grade or being transferred among others. However, resuming work after medical leave can be made smooth when you have an Employment attorney Newark NJ by your side. Below, we take a look at the perfect formula for returning to work after a medical leave:

Know Your Rights

Medical leave can take days, weeks, months or years, depending on the agreement between an employer and an employee. Ideally, an employee’s medical leave may fall under the Family Medical Leave Act (FMLA). An employer can only grant FMLA to an employee only if the organization employs 50 or more employees. To qualify for FMLA, the employee:

  • Must have been in employment with the employer for the last year, or at least 1,250 hours.
  • Must reside within a 75-mile radius from their workplace
  • Must not be a key employee or whose absence may impact negatively on the company.

If you qualify for FMLA leave, you will have the privilege of maintaining your old job, title and pay. Sometimes, an employer may offer medical leave even if they are not legally allowed to do so. If you belong to such a company, it is vital to find out whether such leave is of benefit to you. Returning to work after medical leave does not have to be challenging if you listen to advice from an employment attorney.

Keep Your Employer in the Know

Communication during your medical leave is essential, regardless of whether it was planned or spontaneous. You can use channels such as emails or direct calls to inform the HR on your progress, and when you expect to return to work.

If you decide to keep quiet, that is your right. Nevertheless, your employer may contact you while on leave, to inform you of any changes in your workplace. It does not matter whether your paperwork says otherwise. Some situations may call for these changes.

Obtain a Fitness-For-Duty Certification

It is essential to have a fitness-for-duty certificate from your doctor, rendering you fit to resume duty at work. An employee may need to present the doctor’s report to their employers. This will give employers enough time to plan for your arrival.

Seek Legal Help From a Newark, NJ, Employment Lawyer

The Law Office of Usmaan Sleemi has a hands-on approach to employment-related issues. When you choose us to represent you, we will ensure you get a just and fair treatment at your workplace. We strive to have a level-playing ground for both employers and employees for enhanced industrial peace. Contact us today for more information concerning our services, or to get an employment lawyer to represent you.