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clovia
08-02-2006, 11:57 AM
If I have a doctors note to take two weeks off from stress related to working long hours, can my employer take my position away?

cbg
08-02-2006, 12:27 PM
There is no such thing in any state, including California, as stress leave, if by stress leave you mean a form of leave that has specific guidelines and protections and is brought on by "work related stress".

A doctor's note has no force in law outside of FMLA and outside of FMLA your doctor has no authority to require your employer to give you time off work. If you have a medical condition that meets the definition of a "serious health condition" under the statute, AND IF both you and your employer qualify for FMLA, then your job is protected. Otherwise it is not.

joe916
08-02-2006, 04:54 PM
Just a thought. What does the sick leave policy state, and would it apply to your situation?
Do you plan on filing workers comp (extremely difficult process in my understanding, but could potentially provide some protection) or short term disability (which would not provide protection, in my understanding)?

If one gets a physical injury due to fatigue from working too many hours there would be little issue with the workers comp. Doesn't make much sense to me. :confused:

cbg
08-03-2006, 10:24 AM
Applying for short term disability benefits does not provide any job protection, although I grant you that filing a workers comp claim conceivably might.

vbishop
08-18-2006, 08:24 PM
Does breast augmentation meet as a "serious health condition"? My fiance got augmented and now her employer (a major airline) is threatening her job because it was an elective surgery and they are saying it doesn't make her Dr.s note valid. She in turn got another note from another doctor, for stress.

cyjeff
08-19-2006, 05:36 AM
Very rarely is elective surgery considered a serious medical condition... especially if the employer was not notified in advance.

Think about it. Elective surgery is just that... a conscious choice...an employer can't be forced into excepting such a condition.

On the other hand, if your fiancee is a flight attendant, then she is covered by a CBA through the union that may have other rules and conditions. She needs to check with her union rep.

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