Can I be retaliated against for taking medical leave?
Yes, you can be retaliated against for taking medical leave in New Jersey. The New Jersey Conscientious Employee Protection Act (CEPA), also known as the Whistleblower Law, protects employees from retaliatory action if they have taken medical leave. Under the law, it is illegal for an employer to retaliate against an employee for using medical leave for a condition that meets the criteria defined in the Family and Medical Leave Act (FMLA). Employers must also ensure that medical leave is not used as a form of retaliation against an employee. Under CEPA, employers must provide reasonable accommodations to an employee who needs to take medical leave and ensure that their medical needs are met without fear of any kind of retaliation. If an employee believes that they have been retaliated against due to taking medical leave, they can file a complaint with the New Jersey Department of Labor and Workforce Development to seek relief. If an employee is found to have been retaliated against, the employer will be liable for damages that the employee has suffered, including lost wages, emotional distress damages, and punitive damages. Employers should be aware of these rights and make sure to ensure that all employees are allowed to take medical leave without fear of retaliation.
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