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Under the FMLA rules, an employee must have a serious health condition to be able to use FMLA. Being stressed out by work, family or other situations does not make an employee eligible to take time off under the Family and Medical Leave Act. The FMLA, has established the specific definition for a serious health condition that qualifies employees for FMLA leave.
The FMLA, leave must either be inpatient care, in a hospital; residential medical care facility or hospice; or a period of incapacity exceeding three days and requiring continuing treatment.
If you can obtain medical evidence that your condition would require more then three days of medical care, or a stay at a medical center for your condition. If your condition is severe enough it is possible to be given FMLA.
If the harassment is based upon your gender, age, race or other protected civil right, you may have a discrimination complaint. You should submit a letter to the HR stating that the actions of the new employee has made work conditions intolerable, and describe the actions that have taken place.
If nothing is done to stop the actions, and you are forced to resign, you could consider a constructive discharge lawsuit against the employer, as that is when an employer allows harsh work conditions to exist, forcing an employee to have no other choice but to resign.
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