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RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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I have had the same job years. always great until I

Customer Question

I have had the same job for 11 years. always great until I got a new boss. now every day is a hastle. I do the work of two people and hard to handle the stress. If I were to take a leave of absence due to stress can I legally get my job back in say six weeks? I also have a bad back and are in need of surgery. I am concerned about having my job when I come back
Submitted: 1 year ago.
Category: Employment Law
Expert:  RobertJDFL replied 1 year ago.
Thank you for your question.
You can take up to 12 weeks of unpaid leave for a serious medical condition under the Family Medical Leave Act (FMLA).
A “serious health condition” is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. The “continuing treatment” test for a serious health condition under the regulations may be met through (1) a period of incapacity of more than three consecutive, full calendar days plus treatment by a health care provider twice, or once with a continuing regimen of treatment, (2) any period of incapacity related to pregnancy or for prenatal care, (3) any period of incapacity or treatment for a chronic serious health condition, (4) a period of incapacity for permanent or long-term conditions for which treatment may not be effective, or (5) any period of incapacity to receive multiple treatments (including recovery from those treatments) for restorative surgery, or for a condition which would likely result in an incapacity of more than three consecutive, full calendar days absent medical treatment.
An employer cannot terminate you for taking time for a serious medical condition under FMLA (or it would be grounds for an unlawful termination); however, they can request medical certification, such as a statement from a doctor, that you are being treated for a serious condition and require the time off.