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PA STD while trying to find out my problem Pennsylvania

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  • PA STD while trying to find out my problem Pennsylvania

    I'm new to PA and am aware there's no state disability.
    I've been working less and less, uing sick time and vacation time this year. I attribute my problem to chronic stress (the past year) due to the symptoms I've manifested (one of my doctors has as well). Poor concentration and poor short-term memory, nausea and other cognitive problems make it not possible for me to perform my job because it requires intense focus and forensic investigative work. I can't drive for now.
    This has happened to me before, when I have pushed myself too hard, in other states. The prescription in the past has been resting of the mind, relaxation, and no-sress environments for a few weeks.
    My company has an STD plan in place, which requires a doctor's note.
    I can't continue going to work and not performing; I could get fired. I also can't just not go to work; I could get fired.
    How do I handle this here in PA? Do I get one of my doctors to write some kind of a note? I have several specialists and my PCP dr appointments lined up to get a diagnosis, but it takes time and it takes time off work.
    If one of my doctors writes a note saying--what??---I can't work for 2, 3, 4 weeks due to exhaustion, does this provide me any rights for not losing my job?
    Or should I try for FMLA? Does this give me rights? I know it's unpaid. Is stress covered under FMLA?
    Thank you

  • #2
    If stress, in and of itself, were covered under FMLA, then everyone would be off work. A stress-related medical condition might be covered, but simple stress is not.

    Do you qualify for FMLA? To qualify, ALL of the following must be true?:

    1.) Your employer has a minimum of 50 employees within 75 miles of your location
    2.) You have worked for this employer for no less than 12 months
    3.) In the last 12 months, you have worked no less than 1,250 hours
    4.) You have a serious health condition as defined by the statute.

    If FMLA applies, then you are entitled to up to 12 weeks of unpaid medical leave (your STD policy, which is not leave but how you get paid while you are on leave, may run concurrently) with your job protected. At the end of 12 weeks, if you are still unable to return to work your employer may legally terminate you. If you ARE able to return to work, then your employer must return you to either your own job or one that is equivalent in all respects. But 12 weeks in a 12 month period is the maximum protection under the law.

    If FMLA does not apply, then no amount of doctors' notes will guarantee your job. PA does not have any state law that grants you job protection rights independent of FMLA. If you have any legally binding contract that says otherwise, you have not mentioned it.

    BTW, FMLA is a Federal law and works the same in all states.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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