How do I take a stress leave from my job?

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How do I take a stress leave from my job?

I had a major surgery that kept me out for 3 months last summer. I exhausted my FMLA last fall, so I had to return to work in October and was thrown right back into things. I’ve been hospitalized twice since my return due to complications. Now the district I’m in is implementing 30% higher standards than the rest of the company is held to. The new requirements along with the added stress level has adversely affected my health. How do I file for a stress/medical leave? Am I compensated like I was before for medical leave? Is my job protected? Currently full time with benefits; good insurance. In CA.

Asked on January 4, 2011 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that you should consult with a disability attorney in your area to discuss the possibility of filing for short term disability benefits either under your employers insurance or under the social security act.  When you pay in to social security - which you have as a full time employee - you are also paying in to social security disability so the coverage should be there for you when you need it. Someone needs to review your case and the medical records involved to see if in fact you would qualify.  Now, filing for disability may in fact have an adverse effect on your employment but if you are as stressed out as you seem to be and your job is causing it then sooner or later you may have to face the fact that this is not the place you need to be in the first place.  Good luck.


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