By: Ty Hyderally, Esq., and Nichole Nunes, Esq.
November 14, 2024

In recent years, there has been growing recognition of mental health as a crucial aspect of overall well-being, both in the workplace and in society at large. As more employees face stress, anxiety, depression, and other mental health challenges, the question arises: are workers in New Jersey eligible for paid leave due to mental health issues?

New Jersey Family Leave Act (NJFLA)

The NJFLA is one of the primary laws that may offer leave for employees dealing with health conditions, but it primarily provides for leave to care for a family member with a serious health condition or to bond with a new child. Under the NJFLA, an employee is eligible for up to 12 weeks of unpaid leave within a 24-month period for a family member’s serious health condition. While this does not specifically address an employee’s own mental health condition, there may be cases where the employee is the caregiver for a family member with mental health issues, thereby qualifying for leave.

Temporary Disability Insurance (TDI)

For employees dealing with their own serious health conditions, including mental health conditions such as depression, anxiety, or post-traumatic stress disorder (PTSD), New Jersey’s TDI program may offer a form of income replacement during medical leave. TDI provides benefits for employees who are temporarily unable to work due to illness or injury, which can include mental health conditions. To qualify, the employee must be unable to perform their job duties and must be under the care of a licensed healthcare provider, such as a psychiatrist, psychologist, or other medical professional. The condition must be supported by medical documentation. While TDI benefits are not specifically “paid leave” as an employee’s regular salary, it is an income replacement program. TDI benefits typically provide a portion of an employee’s wages (up to a state-mandated maximum) for the duration of the leave, which can be up to 26 weeks for most qualifying conditions.

Disability Discrimination Laws

In addition to state-level protections, employees in New Jersey are also covered under federal and state disability discrimination laws. The Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD) protect employees from discrimination based on mental health conditions that qualify as disabilities. Under these laws, mental health conditions such as major depression, anxiety disorders, and PTSD may be considered disabilities. Employers may have an obligation to provide reasonable accommodations for employees with disabilities, including those caused by mental health conditions. These accommodations can include modifications to the work environment, changes in job duties, or temporary leave to seek treatment. While these laws do not mandate paid leave, they may require employers to provide time off or adjust work expectations, potentially allowing employees to take unpaid leave or paid time off under other leave policies.

Court Cases

Several New Jersey court cases have clarified the rights of employees with mental health conditions. In Reid v. State of New Jersey, the New Jersey Appellate Division ruled that an employee’s anxiety disorder qualified as a disability under the NJLAD. The court held that the employer was obligated to provide reasonable accommodations, such as modified work duties and a flexible schedule. This decision reinforces that mental health conditions are entitled to the same protections as physical disabilities in the workplace.

In another case, Gonzalez v. Costco Wholesale Corp., the court addressed the issue of whether employees could use paid sick leave for mental health reasons. The court ruled that an employee could use accrued paid sick leave for mental health treatment if the employee provided adequate medical documentation. This case further affirms that mental health conditions should be treated the same as physical health conditions when it comes to the use of sick leave.

Conclusion

Employees in New Jersey, if you are dealing with depression, anxiety, or another mental health issue, you may be entitled to take paid sick leave, temporary disability benefits, or other accommodations under state and federal law. Be sure to document your condition with a healthcare provider’s note and communicate with your employer about your need for leave or accommodations.

Employers must ensure that their policies align with these protections, offering flexibility and support to employees in need. Mental health is increasingly acknowledged as a vital component of overall health, and the legal landscape is evolving to ensure that employees can take the necessary time off without fear of retaliation or discrimination.

En nuestra firma hablamos español. This blog is for informational purposes only. It does not constitute legal advice and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice with regard to your particular set of facts. This blog may constitute attorney advertising. This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state or jurisdiction.