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socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 37814
Experience:  Retired (mostly)
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How long does an employer need to keep a position open for

Customer Question

How long does an employer need to keep a position open for an employee on disability in new Jersey? I need to know this for both short-term and long-term disability.
Submitted: 8 years ago.
Category: Employment Law
Expert:  socrateaser replied 8 years ago.

If your employer employs at least 50 persons within 75 miles of the employee's location and the employee has worked at least 1250 hours during the past 12 months, then if the employee requests time off under the Federal Family Medical Leave Act, then the employer must hold the employee's job for at least 12 weeks (with a few exceptions).


If the employee's disability is from a workers' compensation injury, then an employer cannot terminate the employee for filing the WC claim. However, the employer can terminate the employee for being unable to work, after a temporary injury, if the employee's injury is such that he/she can no longer perform the "essential functiopns" of his/her job, or if continuing to employ the employee would cause the employer an "undue burden." Otherwise, the employer must provide the employee with "reasonable accomodations" for the continuing disability.


Terminations due to workers' compensation injuries are reported directly to the NJ Workers' Compensation Board (


Terminations due to failure to provide reasonable accomodations are reported to the EEOC (



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