If a doctors not says the employee may return to work after symptom free for 24 hours with no return to work how long fo we have to keep the employee employeed?

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If a doctors not says the employee may return to work after symptom free for 24 hours with no return to work how long fo we have to keep the employee employeed?

Employee has been out almost the whole month of January and February. The last note she has say she may return to work after being symptom free for 24 hours. She has not supplied the note, and now used all her vacation days and says she is still sick and can’t return. Can we terminate her employment?

Asked on February 14, 2018 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If she has not--
1) Used paid time off (PTO) she had accrued for her absence; and/or
2) Used FMLA (Family and Medical Leave Act) leave for the absence (which also means a) she must be eligible: been with you at least 1 year and worked at least 1,250 hours in the past 12 months; and b) your business must employ at least 50 people within a 75-mile radius)
--you can let her go right now. Except if the absence is coveerd by PTO and/or FMLA, there is NO right to miss or be absent from work, even for illness.


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