stress leave Missouri

[thillmon]

I am super stressed at my current job and contemplating stress leave, however, I am seeking another job. I don't want to take stress leave then get offered a job while on stress leave, how would I handle that?

[mlane58]

Originally Posted by thillmon

I am super stressed at my current job and contemplating stress leave, however, I am seeking another job. I don't want to take stress leave then get offered a job while on stress leave, how would I handle that?

What is stess leave?

[cbg]

Here we go again with the stress leave. Where the heck did this concept come from?

THERE IS NO SUCH THING AS STRESS LEAVE unless your employer has put together some such thing as part of their company package. There is NO Federal benefit called Stress Leave. NO state offers something called Stress Leave. Nor is there any similar concept under any Federal or state law that is called something else. Stress leave does not exist.

[mlane58]

If there was such a thing, I would be unemployed instead I learn to deal with it and use it to my advantage.

[thillmon]

well several people at my job have taken it and one girl is on it now.
I've researched it and its considered a medical condition and Short term disability will cover you, and its covered by FMLA.
its also noted in your threads on this website chk it out



chndll71
Junior Member Join Date: Dec 2004
Posts: 3

Stress leave or Family leave??

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I live in California. On November 15, 2004 my physician placed me on three months leave from work due to stress in the workplace. At the time of my leave, and for several months prior to my leave, I informed my supervisor of the circumstances that were occurring and creating the stress, however, he never intervened on my behalf. I also made it clear to him, in writing, that the circumstances at work were what initiated and caused me to seek a leave of absence. Several weeks later I received a letter from my supervisor informing me that since I had requested, and was on, a "Family Medical Leave" that I was required to submit a "Medical Certification" to him to substantiate my request for leave. He also referred to the Family Medical Leave Act and informed me that I was eligible for up to twelve weeks of leave during a twelve month period. I never requested Family Medical Leave and as far as I know I wouldn't be eligible for that type of leave. I made it clear that my leave of absence was due to stress, and only stress. What if anything should I do to clarify the circumstances? Also, do I have to submit a "Medical Certification" for a work related stress leave and is this a type of "Family Medical Leave"???? Thanks for any help you can provide.


Because you are out of work due to stress, you have what the FMLA would refer to as a "serious health condition." Therefore, your employer has the right and the obligation to designate you as being on an FMLA qualifying leave. As a result, your employer has a right to ask for medical documentation.

For more information regarding your rights under the FMLA, go to this website: http://www.afscme.org/otherlnk/weblnk21.htm#fmla

If you believe your serious health condition is a result of your work environment, consider filing a wokers' compensation claim. To do so, go to this website:http://www.afscme.org/otherlnk/weblnk27.htm

Good luck.
__________________
In Solidarity,

Wayne

www.waynemarshall.org

[cbg]

If your employer offers something called stress leave, that's a company policy, not a law, and is subject to whatever the company determines.

In some, but by no means all, circumstances, excessive stress CAN, if it is causing medical concerns, be covered under FMLA and might, depending on the terms of the disability policy, be covered under the company's STD plan. That does not create a guarantee that anyone who feels stressed at work can take time off, with or without income replacement.

CA has a state disability plan and has laws very different from that of most states. Because one individual in CA was able to take a stress-related leave does not create a concept called stress leave and does not mean that you, in MO, will be able to do so.

[thillmon]

well i posted that as an example because you were saying it doesn't exist.
well if thats the case several people at my job wouldn't be on it. I'm not saying its a law, but this type of leave does exist.

Okay another question
I got written up for something that I didn't know I could get written up for, it wasn't discussed to the employees. so there was no warning. Should I have been written up?

[cbg]

It doesn't exist in that there is no leave designated by law as "stress leave" and for which there are clearly outlined parameters. If your company has created such a thing, that's fine, but you'll have to ask your HR department about it; we have no clue what requirements or eligibility or parameters they have for it. FMLA is NOT, repeat, NOT stress leave: it is leave for a medical condition. As I said, some, but not all, medical conditions that are stress-based MAY qualify; that is still not "stress leave".

I have no idea if you *should* have been written up, but it was not illegal to write you up, if that's what you mean. The fact that there was no warning or that it was not discussed with you does not mean your employer is forbidden from writing you up - the law does not address what an employer can and cannot write up an employee for. It's entirely up to the employer.

[thillmon]

that (is unfair)
THanks

[ScottB]

Originally Posted by thillmon

that (is unfair)

Why is that unfair?

[thillmon]

i had originally put that the info in the response it *****...they changed it to "unfair"

[seniorjudge]

Originally Posted by thillmon

i had originally put that the info in the response it S--cked...they changed it to "unfair"

Why is it unfair?

[Beth3]

well several people at my job have taken it and one girl is on it now.
I've researched it and its considered a medical condition and Short term disability will cover you, and its covered by FMLA. Stress is not a medical diagnosis - it is not covered by the FMLA and STD benefits are not paid out due to "stress." You must have a valid medical/mental health diagnosis to qualify for FMLA leave and disability benefits.