ExpertLaw.com Forums

Is Stress-Leave for a Family Sickness with Pay Possible

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
  • 02-29-2012, 10:49 PM
    arodspc2007
    Is Stress-Leave for a Family Sickness with Pay Possible
    My question involves labor and employment law for the state of: California

    To keep it simple:
    I have a very ill family member at home that needs to be taken care of right now. As a result of this, I have trouble focusing at work, am losing sleep, and this has also resulted in my anxiety acting up. I am afraid of risking injury at work, but more importantly I worry about my relatives health.

    I want to go to my doctor to request a stress leave.

    A few questions:
    1.)Is Stress leave also known as medical leave?
    2.) Can I be compensated for this time off? I have no other form of income and a Leave of absence would provide nothing but benefit security.
    3.) What is the process for going about this? Do I go to the doctor, get a note/letter saying I cant work due to stress, then take it to H.R or upper management? Im assuming the process isnt that simple. I am reading things about work-related stress leave that involves people bringing in lawyers, etc. But I am having trouble finding info on non-work related stress leave.

    I am looking for 4-6 weeks max, by that time my relative will likely be done with the treatments/surgery causing her to be ill. I don't want to go the FMLA route, due to no pay, and because I dont think I qualify for it due to me only working 3-4 hours a day.

    Maybe I am gathering the wrong information. Any guidance or help is appreciated!
  • 02-29-2012, 11:08 PM
    Dogmatique
    Re: Is Stress-Leave for a Family Sickness with Pay Possible
    How are you related to your family member?
  • 03-01-2012, 12:39 AM
    Betty3
    Re: Is Stress-Leave for a Family Sickness with Pay Possible
    FMLA (& CFRA) offer job protection when out on leave but it seems you don't meet the requirements for them per your post.

    Ca. SDI pays an income when disabled & unable to do your job & Ca. PFL pays an income when on leave for "baby bonding" or to take care of a parent, spouse, domestic partner or child with a serious health condition. Neither of these (SDI/PFL) offer job protection or guarantee leave. They are just income when on leave.
  • 03-01-2012, 04:36 AM
    arodspc2007
    Re: Is Stress-Leave for a Family Sickness with Pay Possible
    Quote:

    Quoting Dogmatique
    View Post
    How are you related to your family member?

    (I have a sick parent, who has the big C word and is going through therapy right now)

    ****

    Quote:

    Quoting Betty3
    View Post
    FMLA (& CFRA) offer job protection when out on leave but it seems you don't meet the requirements for them per your post.

    Ca. SDI pays an income when disabled & unable to do your job & Ca. PFL pays an income when on leave for "baby bonding" or to take care of a parent, spouse, domestic partner or child with a serious health condition. Neither of these (SDI/PFL) offer job protection or guarantee leave. They are just income when on leave.

    Is it possible to be approved for PFL to get income while im out of work, Along with Stress leave(Stress leave without pay of course).

    How about leave of absence? According to the contract at work, we can take up to 90 days off, but without pay. Can I use either of these in conjunction with PFL? Can I even use leave of absence for a sick parent?

    I have heard many stories of people taking stress leave from my job, it is very stressful environment, and management at my workplace have the bully mentality.
    I am mostly worried of not being approved by a doctor, and im also worried about income. I dont care if I get full pay, as long as I can get some income to help around.
    Stress leave seems to be the fastest route, which is why I am inquiring so much about it.

    I guess if I have no other option, I will have to just take a leave of absence, which I am willing to do.
    We also have a union at my job, that is job protection right there, correct?
  • 03-01-2012, 05:24 AM
    eerelations
    Re: Is Stress-Leave for a Family Sickness with Pay Possible
    Quote:

    Quoting arodspc2007
    View Post
    We also have a union at my job, that is job protection right there, correct?

    Not automatically no, it depends what your CBA says on the subject. Are you an member of this union?
  • 03-01-2012, 07:42 AM
    Beth3
    Re: Is Stress-Leave for a Family Sickness with Pay Possible
    1.)Is Stress leave also known as medical leave? There's no such thing as "stress leave." If you have a bonafide mental health problem or illness, you qualify for leave, or if you may qualify for leave under the FMLA to care for an immediate family member (mother, father, spouse, child) with a serious illness.

    2.) Can I be compensated for this time off? I have no other form of income and a Leave of absence would provide nothing but benefit security. If YOU are ill, you may qualify for any disability income benefit your employer or the State offers but there is no compensation for taking time off to care for a family member or if your employer extends a personal leave of absence to you.


    3.) What is the process for going about this? Do I go to the doctor, get a note/letter saying I cant work due to stress, then take it to H.R or upper management? Im assuming the process isnt that simple. I am reading things about work-related stress leave that involves people bringing in lawyers, etc. But I am having trouble finding info on non-work related stress leave. As I said above, there is no such thing as stress leave. If you are suffering from a mental health condition, such as severe anxiety, AND your doctor certifies that you are unable to work because of this, then you need to get the appropriate leave/certification paperwork from your employer and take it to your doctor to complete. Your employer will then determine whether you meet the criteria for statutory leave time under federal or state law.
  • 03-01-2012, 01:02 PM
    Betty3
    Re: Is Stress-Leave for a Family Sickness with Pay Possible
    Quote:

    Quoting Beth3
    View Post
    [I]1.)If YOU are ill, you may qualify for any disability income benefit your employer or the State offers but there is no compensation for taking time off to care for a family member or if your employer extends a personal leave of absence to you.

    If OP gets time off to care for a family member, OP can get paid under PFL.
  • 03-01-2012, 04:22 PM
    arodspc2007
    Re: Is Stress-Leave for a Family Sickness with Pay Possible
    Quote:

    Quoting eerelations
    View Post
    Not automatically no, it depends what your CBA says on the subject. Are you an member of this union?

    I am not a member of the union, but the union is there to protect hourly workers such as myself. I have heard of hourlies getting their jobs back because of the union. Management at my work has no union to protect them.

    Quote:

    Quoting Betty3
    View Post
    If OP gets time off to care for a family member, OP can get paid under PFL.

    If I take a leave of absence to care for my family member, how would I go about qualifying for PFL?
  • 03-02-2012, 08:05 PM
    Betty3
    Re: Is Stress-Leave for a Family Sickness with Pay Possible
    Quote:

    Quoting arodspc2007
    View Post
    If I take a leave of absence to care for my family member, how would I go about qualifying for PFL?

    Here's a link with complete information on Ca. PFL.
    http://www.paidfamilyleave.org/
  • 03-02-2012, 10:17 PM
    arodspc2007
    Re: Is Stress-Leave for a Family Sickness with Pay Possible
    Thank you all for the helpful information.
Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
All times are GMT -7. The time now is 05:01 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved