Stress Leave in California
In California, if your workplace stress is preventing you from doing your job then you may be eligible for stress leave. This leave may be available under the: Family and Medical Leave Act (FMLA), or. California Family Rights Act (CFRA).
What is Stress Leave?
Stress leave is when an employee seeks to abstain from work due to workplace stress that could be causing them to experience a health condition, mental disorders, a mental health crisis, or seek the guidance from a mental health professional.
Stress leave can be paid or unpaid, depending on the situation. If the job-related stress is causing a serious health condition, it may be wise to speak to an employment attorney to understand the rights an employee has to take sick leave in order to preserve a safe mental condition. The employment lawyers at Lawyers for Justice, PC can help with a free consultation. Call (818) JUSTICE to speak to a team member.
If the stress leave is due to stress at home, California workers requesting stress leave may be covered by the Family and Medical Leave Act. If eligible, employees can receive benefit payments for up to eight weeks. Payments are about 60 to 70 percent of weekly wages.
Medical Leave for Depression
Under the FMLA or California Family Rights Act, workers may be able to use available leave when they are unable to perform the essential functions of their job, due to a serious health condition or mental disability, or when they are receiving treatment for that physical or mental condition.
How to Take Stress Leave From Work
In order to request stress leave, California workers experiencing stress should go to a doctor and obtain a doctor’s note that their stress symptoms are causing mental health issues and they should refrain from work. Sometimes job stress can be the result of a dysfunctional work-life balance and the best way to recover is doctor-recommended stress leave. After the note is obtained that proves the medical condition, the employee should tell their employer about their work-related stress and how its affecting their job performance.
Upon returning from work at the conclusion of the work stress leave, it’s a good idea for employees to talk to their manager about how to improve stress levels so paid sick leave or workers compensation benefits do not become an issue if the stressful work environment persists.
Stress Leave From Work – FAQ
do you get paid for stress leave? In California, typically stress leave on its own is unpaid. However, workers can be eligible for protected employment leave under state or federal law, such as through the Family and Medical Leave Act. Stress leave can also be paid if it is proven that the stress falls under workers’ compensation benefits.
can you be fired for missing work due to mental illness? If someone believes their mental health issues will affect their job performance, they have every right under the ADA to request “reasonable accommodation.” Some states, like California, have additional laws to support those with mental health issues, like substance abuse and domestic violence. Thirteen states require employers to let workers take sick leave (paid or unpaid), including time off to deal with mental health issues.
can i use sick leave for mental health? Yes, workers can use sick time for a psychiatric injury, mental disorder, generalized anxiety disorder, or another type of mental health condition.
is stress and anxiety covered under FMLA? It could be, depending on the specific circumstance. An employer or HR department can give better insight. And if an employee wants to ensure their legal rights are being upheld, they can contact an employment lawyer for more options.
is anxiety a disability in california? Certain mental conditions, including depression and anxiety, are considered disabilities under the Social Security Act.
how long can you take stress leave for? It depends on each specific situation, but FMLA leave can be 12 weeks.
can you be fired for depression? It is illegal for an employer to discriminate against a worker because they have a mental health condition. This includes firing them, rejecting them for a job or promotion, or forcing them to take unpaid leave.