In California, if workplace stress makes it difficult for you to do your job, you can be eligible for protected employment leave under state or federal law. Typically, this type of stress leave is unpaid. However, you can be qualified for paid time off through temporary disability benefits or workers’ compensation. If your employer treats you unfairly on the job, this may be disability discrimination.
If you suspect you have been the victim of discrimination or you have other employment law concerns, contact PLBH at (800) 435-7542 for help.
Can I take time off for stress in California?
In California, you may be qualified for stress leave if your job-related stress is keeping you from performing your duties. This leave could fall under the California Family Rights Act (CFRA) or the Family and Medical Leave Act (FMLA).
These two different kinds of stress leave are both unpaid. Additionally, not all employees are qualified to participate in it. Even if you qualify, your job stress must be severe enough to cause a serious health condition. However, in addition to your paid sick time, you may also use the unpaid time off as additional leave. This unpaid time off can aid in your recovery from the strains of a hostile workplace brought on by other employees or other problems at work.
Family and Medical Leave Act (FMLA)
Federal labor regulation known as the Family and Medical Leave Act (FMLA). It allows you unpaid but job-protected time off so that you can treat or recover from a significant health condition, provide care for a member of the immediate family who has a serious health condition, form a bond with a newborn child or an adopted or foster child, or handle a qualifying military exigency. In a calendar year, this leave may last up to 12 weeks.
However, a “severe health condition” is just a physical or mental condition that necessitates hospital or residential medical care institution inpatient care, or ongoing medical professional treatment. If you need continuing care due to your stress, the FMLA’s requirements may be met and you might qualify for FMLA leave. You might need to confirm your need for stress leave, though. Your healthcare provider’s certification is necessary for this.
At a minimum, the certification requires the following details: when the stress first started, how long it’s likely to last, relevant medical information about the symptoms and condition of stress, whether continuous therapy will interfere with your job, when that treatment is to be administered, and how long it will last are all important details to know.
Not all Californian employees, though, are entitled to FMLA leave. To qualify, you must work for a governmental agency or for a private organization with 50 or more employees, and work at a location where at least 50 people are employed within a 75-mile radius. You must also have worked for your employer for at least a year and 1,250 hours in the year before requesting stress leave.
Just because you are eligible for these types of leave does not mean your employer knows that or will respect it. If you believe you were wrongfully terminated or retaliated against due to taking legally protected leave, contact PLBH at (800) 435-7542 for a consultation.