Workplace stress is a very serious problem for many employees. Whether caused by the job itself, problems outside of work, or some combination of the two, stress can be a significant threat to an employee’s physical and emotional heath. It can also cripple an employee’s productivity.

If stress is interfering with your ability to work, the Family and Medical Leave Act (FMLA) may allow you to take some time off without jeopardizing your job. Your employer’s family leave policy and state law may give you additional rights.

The Family and Medical Leave Act

The purpose of the FMLA is to allow employees to strike a work-life balance. The federal law allows eligible employees to take unpaid leave from work for specified family and medical reasons. Some of the accepted reasons for leave include:

• recovering from a serious health condition
• caring for a seriously ill family member
• bonding with a new child
• addressing needs resulting from a family member’s call to active military duty, or
• caring for a family member who was seriously injured in active military duty.

An eligible employee with a valid reason for leave can take 12 weeks off from work without pay per 12-month time period. The employer must continue to provide the employee with health benefits during the FMLA leave and must pay the same insurance premiums it would pay if the employee was not on leave.

The employer cannot interfere with an eligible employee's right to take FMLA leave and it cannot retaliate or discriminate against the employee for taking the allotted time off from work. For example, it would be unlawful for your employer to refuse to provide health benefits while you were on medical leave for stress. Likewise, your employer cannot decline to promote you or otherwise penalize you for taking FMLA leave.

Most employees are entitled to return to the same job after leave, although there is an exemption for “key employees.” A key employee is among the top 10 percent of highest paid employees working within 75 miles of the employee’s workplace. In those cases, the employer may refuse to reinstate the employee if it can show it would suffer grievous economic injury.

Does the FMLA Cover all Employers and Employees?

The FMLA applies in all states but only to employers with 50 or more employees. An employee who works for a covered employer must also meet specific criteria to take FMLA leave. You are eligible for leave if you meet all of the following requirements:

• You’ve been with your employer for at least 12 months.
• You’ve logged 1,250 hours or more during the 12 months preceding the leave.
• You work at a location where the employer has at least 50 employees within a 75 mile radius.

Is Stress Covered?

Stress is covered when it’s so severe that it fits within the FMLA’s definition of a serious health condition. It must also prevent the employee from performing an essential job duty. A serious health condition can be an illness, injury, impairment, or physical or mental condition that:

• requires the employee to stay overnight in a hospital or residential medical care facility
• incapacitates the employee for more than three consecutive days and requires ongoing medical treatment, or
• is chronic and causes the employee to experience occasional periods of incapacitation that require treatment at least twice a year.

If you are seeking leave for stress you must provide your employer with 30 days of notice and support your request with a certification from your doctor confirming the existence of your stress-related illness.

Keep in mind that other mental health conditions, such as anxiety and depression, could also be covered by the FMLA. These conditions must qualify as a serious health condition in the same way as stress and must prevent the employee from performing an essential job function. A doctor’s certification is also required.

Additional Rights Under State Law

Although state family and medical leave laws don't necessarily provide paid leave for stress, most offer broader protection than the FMLA. Here are some examples of additional benefits or rights that may exist in your state:

• The law applies to smaller employers. Some state laws apply to employers with less than 50 employees.
• Relaxed employee eligibility requirements. For example, Hawaii’s family and medical leave law applies to employees who have worked six consecutive months with the employer, instead of the twelve months required by federal law.
• More types of covered workers. In New York, for example, domestic workers are covered provided they meet other requirements.

Can I Get Paid Leave for Stress?

The FMLA only requires unpaid leave and state laws generally follow suit. However, collecting a paycheck while you’re recovering from a stress-related illness is not out of the question if your employer has a policy of providing paid leave. For example, some employers allow employees to use accrued sick days or vacation days during FMLA leave. Other employers specifically require employees to do so. In either case, you must follow your employer’s rules and procedures when taking leave for any reason.

Also, if your stress is a direct result of something that happened at work, you may be able to recover workers’ compensation benefits. Not all employers and employees are subject to workers’ compensation laws, but here are some examples of situations in which work-related stress resulted in compensable psychological claims:

• unsubstantiated allegations of workplace misconduct
• serious threats from coworkers or customers, and
• mental breakdown due to excessive workload.

However, these claims aren't allowed in all states, and are routinely denied even in states that allow them.

Get Help From an Employment Attorney

The FMLA is a complex federal law with deadlines and requirements that you must follow when seeking medical leave from work. State family and medical leave laws and workers’ compensation laws have their own sets of rules and procedures. It’s important to contact an employment attorney if you believe you are too stressed to function at work but are unsure of how to go about getting the medical leave you need to recover.