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Stress leave or Family leave??

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  • Stress leave or Family leave??

    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.

  • #2
    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

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