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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18791
Experience:  Employment/Labor Law Litigation
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I have been out of work weeks under FMLA -the reason being

Customer Question

I have been out of work for 6 weeks under FMLA -the reason being that my job stress was causing uncontrolled high BP despite being on 3 BP medications. Since I have been out on leave, my BP medicine has been cut in half because now I don't have the crazy stress I had. My question is, can I go on short term disability for high BP , while I search for a less stressful job?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Virginia
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: I have been with my company 20 years and have a spotless record there. My main point is that I DO NOT want to go back to that death trap that causes my BP to skyrocket every day. However, I am due back next Monday.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 4 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

It certainly is not an unreasonable position to take, but the problem here is that short term disability is not controlled by state or federal law, in that way. By that, I mean that short term disability isn't a statutorily created right. It is an insurance policy, and just like other forms of insurance, the terms of that contract differ from company to company and employer to employer.

How your company insurance policy defines short term disability or work related condition will depend entirely on the written features of that policy. I think that you'd have two reasonable avenues to approach. First, you can file a worker's compensation claim based on workplace stress that has caused you a medical condition (or worsened one). That is not unreasonable, though they tend to be more stingy than short term disability programs. You want this filed first though, to get the ball rolling. Then file your short term claim. It is not a bad bet that their program would cover this. It just really depends on the level of coverage for their program.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 4 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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