It is an unfortunate day when you realize that, with your disability, you can no longer perform your job duties at the same level you once did. This reality may be so much so that you find it most appropriate to step down. However, if your treating healthcare provider indicates a glimpse of hope in your reaching a full recovery, you may not want to quit your job indefinitely. Rather, you may feel more comfortable requesting a leave of absence. But you may not know if this is possible if you have already begun applying for Social Security Disability Insurance (SSDI) benefits. Well, continue reading to learn whether you can take a leave of absence from work while collecting SSDI benefits and how an experienced New Jersey SSDI attorney at The Law Offices of Sheryl Gandel Mazur can help you take the right next steps.
Can I take a leave of absence from work while collecting SSDI benefits?
First of all, you must understand the concept of the New Jersey Family Leave Act (NJFLA). This Act allows eligible employees up to 12 weeks of job-protected leave every 24 months to care for a family member suffering from an illness, injury, or otherwise disability. In other words, NJFLA leave cannot be used for your own disability.
Instead, for your own disability, you may revert to the federal Family and Medical Leave Act (FMLA). Ultimately, it may be more difficult to get approved for SSDI benefits by taking this specific leave of absence from work. This is even though you may not get paid during your FMLA leave. At the same time, though, you cannot receive temporary SSDI benefits if you use your earned paid time off or sick leave. But the bright side to this approach is that you may receive your full wages throughout.
Can my employer request a doctor’s note for my leave of absence?
If you sadly incurred a disability, your necessary absence from work is likely foreseeable. This is why your employer may expect you to give at least 30 days’ notice regarding your need to take FMLA leave. With this, your employer may also expect you to provide a doctor’s note proving the need for leave.
Notably, according to the United States Equal Opportunity Commission (EEOC), your employer has the right to a policy that enforces such. This is so your employer can confirm whether your disability meets the Americans with Disabilities Act (ADA). That way, they may know whether they can reasonably accommodate you so that you do not have to take this leave of absence; or so that they may make plans to reasonably accommodate you upon your return.
In conclusion, a skilled New Jersey SSDI attorney can help kickstart your case today. Our team at The Law Offices of Sheryl Gandel Mazur will happily take on your case.
