Attorney Advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203
In California, employees experiencing workplace stress symptoms, high stress levels, or mental disability issues may be eligible for severe stress leave under various state and federal laws, depending on their specific circumstances and the policies of their employer.
- California Family Rights Act (CFRA): CFRA provides eligible employees with up to 12 weeks of unpaid, job-protected leave within a 12-month period for certain qualifying reasons. Mental health conditions, including work-related stress, anxiety, and depression, can qualify as serious health conditions under CFRA if they meet certain criteria.
- California Paid Family Leave (PFL): PFL provides eligible employees with partial wage replacement benefits when taking time off work to care for a seriously ill family member or to bond with a new child. While PFL does not directly cover stress leave, it may be applicable if an employee needs time off to care for a family member whose condition contributes to their own stress.
- Americans with Disabilities Act (ADA): The ADA prohibits discrimination against individuals with disabilities and requires covered employers to provide reasonable accommodations to qualified employees with disabilities, including mental health issues. If stress or another mental health or serious health condition substantially limits a major life activity, employees may request a reasonable accommodation, such as time off, reduced hours, or changes in duties.
- California Fair Employment and Housing Act (FEHA): FEHA prohibits discrimination and harassment based on protected characteristics, including a physical or mental condition. Employers covered by FEHA must provide reasonable accommodations to employees with mental health disabilities, including allowing them to take time off work as a reasonable accommodation.
- Employer Policies: Some employers may offer additional leave or benefits for those requesting stress leave, beyond what is required by law, such as paid time off (PTO), sick leave, or temporary disability benefits. Employees should review their employer’s policies and procedures regarding leave and accommodation requests.
Employees considering taking stress leave from work in California should consult with their employer’s HR department or a workers’ compensation attorney, like the ones at Lawyers for Justice, PC (LFJ) to understand their rights, eligibility for leave under applicable laws, and the process for requesting leave and accommodations. LFJ has been fighting for workers’ compensation benefits for California workers for over a decade.
How To Take Stress Leave From Work
Taking stress leave from work typically involves several steps to ensure that the process is handled appropriately and in accordance with state or federal law, as well as any company policies.
- Assess Your Job Stress: Determine if your stress or mental health condition is impacting your job performance and whether taking time off work is necessary for your well-being.
- Review Company Policies: Familiarize yourself with your employer’s policies and procedures regarding unpaid leave, including medical leave, disability accommodations, or time off for personal reasons. This information may be found in your employee handbook or provided by your HR department.
- Consult a Healthcare or Mental Health Professional: If you haven’t already, schedule an appointment with a healthcare provider if you’re to request stress leave, such as a doctor, psychologist, or psychiatrist, to discuss any symptoms or potential mental disorders that could be related to job stress. Obtain a diagnosis to support your need for requesting stress leave.
- Request Stress Leave: Notify your employer of your need for stress leave as soon as possible. Follow your company’s procedures for requesting stress leave, which may involve submitting a formal request in writing and providing medical documentation. Be sure to specify the anticipated duration of your workplace stress leave and any accommodations you may need upon coming back to work.
- Coordinate with HR: Work with your HR department to ensure that your leave request is processed correctly and that any applicable leave benefits, such as paid time off or disability benefits, are applied appropriately.
- Stay in Communication: Keep your employer informed of any changes in your condition or anticipated return-to-work date. Maintain open communication with your supervisor or HR representative throughout your leave to facilitate a smooth transition back to work when you are ready.
- Take Care of Yourself: Use your time off to focus on self-care and prioritize your mental health and wellness. Engage in activities that promote relaxation, and stress reduction.
Stress Leave From Work – FAQ
can you take a leave of absence for mental health? In California, if your workplace stress is preventing you from doing your job, you may be eligible for stress leave. This may be available under the Family and Medical Leave Act (FMLA), or the California Family Rights Act (CFRA).
how to get paid stress leave in california? Follow the above guide and reach out to Lawyers for Justice, PC if you are experiencing job-related stress.
do you get paid for leave of absence in california? Typically, a leave of absence (LOA) is unpaid and allows an employee to be off work for an extended period of time, only to return to their former position when the leave ends.
is stress a disability? Each case can be different. Typically, stress may not qualify as a disability under the Americans with Disabilities Act (ADA) if it “does not impair a major life function.” However, stress may have an impact on mental health or individuals who have psychiatric disorders or cardiac issues.
is anxiety covered under fmla? Usually, an employee can take FMLA stress leave if they have a serious health condition that severely impacts their ability to work. It can include severe anxiety, but each work stress case is different.
how long can you take stress leave for? Experiencing stress? Each case is different, and allows for different timelines. Call the attorneys at LFJ today for a FREE CONSULTATION so they can help you.
can i take medical leave for mental health? Yes, generally an employee can take FMLA leave for a serious health condition, or to care for a family member with a serious condition. A serious condition can be mental health-related.
can you be fired for missing work due to mental illness? The Americans with Disabilities Acts (ADA) protects employees from discrimination (like improper termination) based on a disability. Call LFJ if you feel like you were wrongly fired because of a mental disorder.
how to get stress leave approved? You should consult with a physician to obtain proof of your stress-related illness. Then show that proof to your employer.
can i collect unemployment if i quit my job due to stress california? Californians usually must be unemployed due to someone else’s fault in order to be eligible for unemployment benefits. If you left your job because you were stressed without proper proof the stress was severe, you may not be eligible for benefits.
can you use sick leave for mental health? Paid sick leave can be used to recover from physical/mental illness or injury.
can you be fired for having a mental breakdown? Depending on the situation, it may fall under the Americans with Disabilities Act. You should consult with an attorney for more specifics.
my job is causing me health problems can apply for loa? Typically, the Family and Medical Leave Act (FMLA) allows an unpaid mental health leave of absence of up to 12 weeks. While an FMLA leave is unpaid, it does protect your job.
can you take stress leave from one job and work at another? If there isn’t a specific policy on outside employment while on FMLA leave, an employee on approved FMLA leave could have a second job (and even work in a similar environment).
can you be terminated while on short-term disability in california? If an employee is on short-term disability for a health condition, and they are fired, they should reach out to a top employment law firm like Lawyers for Justice, PC to explore their rights.
Attorney Advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203
