LABOR UNION CONTRACTUAL PROVISIONS GENERALLY STATE THAT A WORKER WHO HAS ATTAINED SENIORITY SHALL NOT BE FIRED BUT FOR JUST CAUSE, AND THAT THE SENIORITY PROVISIONS CONTROL. READ TOGETHER, THESE CLAUSES MEAN THAT AN INJURED WORKER SHOULD NOT BE TERMINATED BECAUSE OF HIS OR HER INJURY KEEPING HIM/HER OUT OF WORK. IN RE MAGNOLIA MARKETING COMPANY, 107 LA (BNA) 102 (1996) IN RE PHOENIX NEWSPAPERS, INC., 120 L.A. (BNA) 771 (2004)
THE FAMILY AND MEDICAL LEAVE ACT
APPLIES TO ALL PUBLIC AGENCIES AND PRIVATE SECTOR EMPLOYERS. AN EMPLOYEE MUST HAVE WORKED FOR A COVERED EMPLOYER AND HAVE WORKED FOR AT LEAST 12 MONTHS, AND AT LEAST 1,250 HOURS DURING THE 12 MONTHS PRIOR TO DISABILITY AT A LOCATION WHERE AT LEAST 50 EMPLOYEES WERE EMPLOYED.
THE ADVANTAGE OF THE FMLA IS THAT A WORKER’S HEALTH COVERAGE CONTINUES DURING THE 12 WEEKS OF UNPAID LEAVE.
EMPLOYER’S OBLIGATION TO MAKE REASONABLE ACCOMMODATIONS FOR A WORKER
NEW JERSEY LAW AGAINST DISCRIMINATION (“NJLAD”) PROVIDES PROTECTION AGAINST DISCRIMINATION BASED UPON A DISABILITY. THE NJLAD ALSO REQUIRES THAT EMPLOYERS PROVIDE INJURED WORKERS WITH REASONABLE ACCOMMODATIONS.
AN UNPAID LEAVE OF ABSENCE IS A REASONABLE ACCOMMODATION SO LONG AS IT DOES NOT IMPOSE AN UNDUE HARDSHIP ON THE EMPLOYER.
ONCE THE WORKER IS ABLE TO RETURN TO WORK, THE EMPLOYER AND THE WORKER HAVE A MUTUAL OBLIGATION TO WORK ON AN INTERACTIVE BASIS TO DEVELOP AN ACCOMMODATION THAT ALLOWS THE WORKER TO PERFORM THE ESSENTIAL FUNCTIONS OF HIS/HER JOB.
