Morristown, NJ employment law attorney Chris Lenzo talks about New Jersey laws that protect against retaliation for requesting medical or family leave or reasonable accommodations. He states that reasonable accommodations and medical leave in the workplace are governed under New Jersey’s Law Against Discrimination (LAD), the state’s general employment civil rights statute. This law prohibits disability discrimination and requires employers to provide reasonable accommodations for employees with disabilities. One common accommodation is a leave of absence to recover from a temporary physical, mental, or emotional condition, such as surgery, cancer treatment, or recovery from an injury. Provided the accommodation does not impose an undue burden on the employer, employees are entitled to such leave.

He notes that if an employer fails to reinstate an employee following a medical leave, it may constitute retaliation for requesting a reasonable accommodation or taking medical leave.

In terms of family leave, New Jersey’s LAD can also provide protections depending on the circumstances. For example, if an employee takes leave for the birth of a child, either the mother or her male partner, adverse treatment by the employer may constitute pregnancy discrimination or, in the case of the male partner, associational pregnancy discrimination. Associational discrimination occurs when an employee faces adverse treatment due to their relationship with someone who has a protected characteristic. Similarly, if an employee takes leave to care for a seriously ill family member, adverse action could be considered associational discrimination because of the employee’s connection to someone with a disability.

For family leave related to the adoption or foster placement of a child, protections primarily arise under the New Jersey Family Leave Act, which provides unpaid family leave, and the Federal Family and Medical Leave Act, both of which ensure employees can take necessary leave without retaliation.