Can I legally take leave for work-related stress?
Question Details:
I have worked 4 months. Hard, long days, little pay. My commission structure has changed 4 times since hired with money being taken away. Verbal attacks on performance through email to me. Verbal attacks to other employees through email to fellow employees from CEO in regards to me. Comments from CEO and Controller (who are married) to my boss about commissions restructuring because I asked for explanation. Since then, they have been talking with my supervisor about letting me go. My sales are down because of my stress and depression. They are currently being sued by at least 3 other employees.
Employment and Labor Law Answers
First, you need to reference your company's leave policy--what is it? When can you take leave, if at all? The company policy is the always the first thing to check.
Under the law, ONLY if you are taking FMLA (Family and Medical Leave Act) leave, could you take leave. For that leave, for "stress," you would need a psychologist's or psychiatrist's note that you need a leave of absence from work for mental health reasons; absence a medically compelling reason, you could not take leave. Also note that it would be unpaid leave.
Unfortunately for you, there is no general legal requirment that jobs treat employees fairly, reasonably, with dignity, etc. Employers are allowed to be absolutely miserable to their staff.
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