In California, workers facing significant stress impairing their job performance may be entitled to protected job leave under specific state and federal laws. This blog aims to clarify the legalities surrounding stress leave in California, highlighting unpaid and paid leave options, workers’ compensation, and the implications of disability discrimination.
If you have questions or require help from an employment law attorney, contact PLBH at (800) 435-7542 for a free legal consutlation.
Eligibility for Stress Leave Under FMLA and CFRA
Workers in California may qualify for stress leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). These laws provide unpaid, job-protected leave for serious health conditions, including severe stress. However, eligibility and the definition of a “serious health condition” vary under each act.
FMLA Provisions
The FMLA offers up to 12 weeks of unpaid leave for eligible employees dealing with a serious health condition, which could include ongoing stress-related issues. Eligibility requirements include a minimum of one year of employment and at least 1,250 hours of work in the preceding year. Employees must also work at a location with 50 or more employees within a 75-mile radius.
CFRA Provisions
The CFRA mirrors the FMLA but extends eligibility to employees of private employers with 5 or more employees. This broader eligibility means more California workers might qualify for stress leave under the CFRA compared to the FMLA.
Paid Sick Leave Options
Employees may utilize paid time off (PTO), such as sick days, vacation time, or personal days, to cover periods of stress leave. It’s important to review your employer’s leave policies to understand the options available for both full-time and part-time employees.
Workers’ Compensation for Workplace Stress
In cases where workplace stress leads to a leave of absence, employees may be entitled to workers’ compensation. This benefit typically covers two-thirds of lost wages. To qualify, the stress must be predominantly caused by workplace events and result in a psychiatric condition recognized under the American Psychiatric Association’s DSM.
Temporary Disability Assistance
California law also offers disability insurance for short-term absences due to non-work-related illnesses or injuries, potentially applicable to stress-related conditions.
Protection Against Disability Discrimination
Under California law, discrimination based on physical or mental disability is prohibited. If an employer takes adverse actions, including termination, due to an employee’s stress leave, it may constitute wrongful termination or disability discrimination. Employers are required to provide reasonable accommodations for mental disabilities, including stress, unless it imposes an undue hardship.
Contact Us Today for Help
Employees in California dealing with stress that affects their work performance have several legal avenues for taking leave. Understanding the nuances of FMLA, CFRA, workers’ compensation, and state disability laws is crucial. If you face challenges related to stress leave or believe you’ve experienced disability discrimination, seeking legal advice is advisable.
Contact PLBH at (800) 435-7542 for guidance and support in navigating your rights and entitlements under California law. Our expertise in employment law can help ensure your rights are protected and you receive the support you need during challenging times.