You should also understand your employer’s expectations, which may not be stated outright in the handbook. You can also talk to coworkers to get a sense of your boss’s attitude regarding time-off requests.
Your employer also may limit the number of vacation or personal days you can take at one time. If you’re taking sick time, you may have to provide a doctor’s note or other documentation of your condition.
Your union also may have a leave bank in which employees donate unused leave hours. If you need to take time off for stress-related reasons, you may be able to access those hours if you don’t have enough time accrued to take the time off you need.
Try to pick the right time to give your manager your request. If your department has a major deadline coming up, or if your manager is working on an important presentation, it might not be the best time to submit a request for time off.
If your stress is work-related, you likely aren’t the only employee having problems. Talk to your employer about ways to improve the workplace to make it less stressful. You could also suggest additional resources to help employees cope with stress. For example, you might have a massage therapist or yoga instructor come to the workplace to work with stressed-out employees.
Your state’s law may specifically list stress, particularly work-related stress, as a reason to take leave. The FMLA does not allow leave specifically for stress. For this reason, it some states it may be easier to take state leave than federal leave. Compare state and federal leave options and see which would work better for you. An employment attorney may be able to help you. They usually give a free initial consultation, so you may be able to get some advice on this without having to hire an attorney.
Serious health conditions generally include those that require an overnight stay in the hospital, but a hospital stay isn’t necessarily required. However, your stress must have caused a diagnosed health condition that prevents you from working.
It can be difficult to prove that you have a serious health condition sufficient to qualify for FMLA leave when you have a psychiatric or stress-related condition. You may want to talk to an employment lawyer who specializes in FMLA law.
For example, if your state only requires 15 days’ notice but the FMLA requires 30 days’ notice, give 30 days’ notice (if possible) so that you’re eligible for either. Your state’s department of labor may have a specific form you can use to provide notice that you are going to request FMLA leave. Otherwise, you can just provide notice in writing. Specify whether you are planning to request leave under FMLA or under a similar state statute.
Within 5 days of your request, your employer will let you know whether you’re eligible for FMLA (or state) leave. If you disagree with your employer’s decision, you can file a complaint with the U. S. Department of Labor, or with your state’s department of labor.
A complete certification lists your diagnosis, when the condition began, how long it will last, and why you are unable to work during the period you requested off work. It may also include basic medical facts about your condition, and any accommodations you will need when you return from leave.
Worker’s compensation laws vary greatly among states, and the procedure and requirements can be complicated. Having an attorney on your side can help ensure you get the compensation you deserve. Most worker’s compensation attorneys work on a contingency fee basis, meaning that you don’t have to pay them any money up front. Rather, they take a small percentage of any recovery you get.
Some states also require you to send a copy of your claim to your employer’s worker’s compensation insurance carrier. The worker’s compensation board may let you know where to send it, or you may have to ask your employer for that information. The claim form requires you to provide basic information about yourself, your employer, and the nature of the work-related condition you sustained.
Generally, this means a doctor needs to diagnose you with a stress-related condition. These often are psychiatric diagnoses, such as post-traumatic stress disorder, anxiety, or depression.
For example, testimony from coworkers could help you prove that the stress you were suffering was work-related. Employee evaluations also may provide evidence. For example, if you got good performance reviews through last year, when you started receiving poor performance reviews, that could demonstrate how your condition was affecting your work.
You may be able to return to work on a part-time basis, or with specific accommodations. Your doctor will provide a list of these for you to give to your employer. For example, if you work in an open office and it is contributing to your anxiety, your doctor may state that you can return to work provided you are allowed to work in a private room by yourself.
