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In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12
You do not have to tell your employer your diagnosis, but you do need to provide information indicating that your leave is due to an FMLA-protected condition (for example, stating that you have been to the doctor and have been given antibiotics and told to stay home for four days).
In order to qualify for FMLA for the purpose of care for your physical or mental health, you must show that you have a serious health condition. Often, this might include a condition which requires hospitalization or in-patient care for at least one night, treatments which require ongoing care and follow-up
Mental health conditions can trigger compliance requirements under both the FMLA and the ADA. An anxiety attack, PTSD episode, major depression or other mental health event may qualify as a serious health condition under the FMLA.
Below are some key points to remember when talking to your doctor about stress leave:Be open about your symptoms.Be upfront about your feelings. Don't leave out any details.Listen to your doctor's advice.If needed, book follow-up appointments.Explain your situation clearly and what you feel triggers your predicament.
To qualify, you need to have worked for your employer for at least 12 months. In the last year, you need to have worked at least 1,250 hours, or about 26 hours per week. FMLA allows up to 12 weeks of unpaid leave. Your job is protected during this time.
According to the Equal Employment Opportunity Commission which enforces the ADA employers can have a policy requiring all employees provide doctor's notes to substantiate a disability, request reasonable accommodations or prove the need for leave.
Under certain circumstances, an employer may deny job restoration to "key employees." A "key employee" is a salaried, FMLA-eligible employee who is among the highest paid 10 percent of all the employees employed by the employer within 75 miles of the employee's worksite.
No. An employer cannot require a physician's note every time an employee misses work while taking FMLA intermittent leave. The term physician's note is not referenced in the FMLA; recertification, however, is.
Go to your Human Resources department and let them know you would like to take an FMLA-approved absence for stress leave. They will provide you with the necessary paperwork that you must take to your doctor.