Ask the Experts: Mental Health, Notice & Immigration

On May 15, 2025

In the latest installment of New Jersey Business Magazine’s Ask the Experts column, HR professionals working with the New Jersey Business & Industry Association respond to executives’ inquiries on three interesting workplace issues:

Should we allow employees to use sick time for a ‘mental health day?’

We certainly recommend this, and, depending on the circumstances and the state you operate in, it may also be required by law. Stress, anxiety and other mental health issues can be as disruptive to someone’s work (and life) as a cold or flu. While mental illnesses aren’t contagious, taking time to rest and restore one’s mental health is still important. It can prevent more serious issues in the future and help employees be more productive overall. Allowing – and better yet, encouraging – employees to take mental health days supports their well-being, demonstrates that you care, and builds trust and loyalty. It also reduces the stigma around mental illness.

If an employee puts in their notice, can we let them go that day instead of keeping them for the full notice period?

Generally, yes, you can let an employee go that same day unless there is a contract or agreement to the contrary. While you aren’t required to retain an employee or provide compensation during a resignation notice period if the employee doesn’t work, there are some things you should consider before telling the employee you don’t want them to work through their notice period.

First, if you ask the employee to leave before the end of the notice period and don’t pay them for that time, the applicable state’s unemployment insurance department may consider this an involuntary termination. If you’re concerned about that, you can pay the employee through the full notice period, but tell them they don’t need to come in to work.

Second, ending their employment early could discourage others from giving notice. Other employees may not see the point of providing notice since it appears you’re not using that time for skills transfer or project completion. That could become an issue if an employee quitting without notice leaves you unable to deliver on an important project or you’re unexpectedly left without anyone who can do certain necessary tasks.

Are we permitted to ask applicants about their immigration status?

No, you shouldn’t ask applicants about their immigration status – for example, whether they are a citizen, naturalized citizen, lawful permanent resident, or refugee. Asking could lead to discrimination claims in the following ways:

• You ask and then intentionally use the information in your hiring decision (illegal)
• You ask and then unintentionally use the information in your hiring decision, likely because of unconscious bias (also illegal)
• You ask and do not use the information, but the applicant believes the information was a factor in your hiring decision (not illegal, but could still lead to legal drama and expense)

You are allowed to ask questions about an applicant’s lawful ability to work in the US or their potential need for sponsorship. You could ask, “Are you legally authorized to work in the US?” or “Do you now or will you in the future require employer sponsorship?”

If you ask either of these questions, do so for all candidates and not just for those you suspect might need visa sponsorship.

To access more business news, visit NJB News Now.

Related Articles: