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Stress Leave... California

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  • Stress Leave... California

    Is it possible for an employee to file a disability claim for stress leave while they are under a 24 hour investigation pending termination.

    For example: An employee was sent home on Administrative leave until an 24 hour investigation has been completed, within that 24 hour time span the employee filed a disability claim for stress leave is that legal and if so can the employee still be terminated?

  • #2
    Yes you can file a claim. No, it doesn't protect your job if you would otherwise be terminated. Any claim filed under these circumstances is going to be scrutinized to death. It looks more like retaliation for the investigation or a last ditch attempt to preserve ones job. Be prepared for an uphill battle.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3
      Not to mention that there is no such thing as "stress leave".

      Or none of us would ever show up at work again.
      Not everything that makes you mad, sad or uncomfortable is legally actionable.

      I am not now nor ever was an attorney.

      Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.


      • #4

        cyjeff is correct that there is no such thing as stress leave, if by stress leave you mean a specific form of leave with its own parameters, eligibility requirements, and specifically defined for stress.

        It is possible for stress to aggravate or create another medical condition to the point where leave is appropriate. But in that case the leave is for the other condition, not for stress.
        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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