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I need some help in how to best tell my employer I will be

 
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Customer Question

I need some help in how to best tell my employer I will be out of work til 9/1/12. I have a note excusing me from my Psychiatrist, Dr. Chiriac. I want to make sure I will be eligible for work disability while I am out, but still have option to return to work after that time.

The easiest way to explain this is via time-line....

Oct 2007- Lost home and all belongings in wildfire
Nov 2007- Began therapy and medications for the first time. Over time, had 3 admissions to mental hospital due to depr

 

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Country relating to Question: United States
State (if USA): California

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I need your help in telling my employer that I will be out of work until 9/1/12. I have a not from my physician, Dr. Chiriac. I want to make sure I am still able to begin on work disability and at the same time not burn any bridges so I have the option to return to work. The easiest way to explain this is via time-line.... Oct 2007- Lost home and all belongings in wildfire Nov 2007- Began therapy and medications for the first time. Over time, had 3 admissions to mental hospital due to major d

Submitted: 285 days and 17 hours ago.
Category: Legal
Value: $50
Status: CLOSED
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Expert:  PaulMJD replied 285 days and 16 hours ago.

Under the Family and Medical Leave Act, if your employer has 50+ employees, you would be entitled to 12 weeks of leave. To request such leave under the FMLA, you will need a detailed report from your doctor describing your condition and prognosis to the employer together with reasoning you need to be out of work up to 9/1/12. The same letter would be needed for the Disability insurance claim as well.

In your letter, if FMLA applies, you need to state you are asking for leave under FMLA. If FMLA does not apply, then you have some problems, since you would have to be at the mercy of your employer regarding extended leave from work, even though you would still be entitled to disability compensation under the disability insurance laws.

Explain to the employer that while you know this can be an inconvenience, you are requesting the leave in order to improve your health condition to become an even better employee for them in the future.


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Customer replied 285 days and 16 hours ago.

How do I best tell them? Should I contact my pharmacy supervisor and tell him I am stressed out and therefore cant work and have a note from my doctor( doesnt sound like a good idea). Or, should I contact the Human Resource dept and ask to speak with someone there?

This is a tricky situation, because I want to be out but dont want to necessarily let people know I struggle mentally.

Can you help me word this.....how much should I say?

Accepted Answer

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Expert:  PaulMJD replied 285 days and 16 hours ago.

Do not mention stress, you need to state your doctor has informed you that you can have a more speedy and complete recovery away from work and having to worry about your job on top of other issues. You need to make the detailed request in writing for the FMLA leave from your HR department. Unfortunately, without asking for the leave protected under the law, they can refuse to give you any leave and to get the leave you need to prove it is a qualified medical reason so you will have to disclose the medical information to them if you expect to avail yourself of those legal rights. HR must keep the information confidential, except as necessary for a supervisor to know.

Unfortunately, I do not know enough about your condition, so me helping you actually write it is not possible. You need to rely on your doctor's report to the employer and your letter should be fairly brief stating your doctor has recommended the leave and you are requesting it under FMLA and you are attaching the report.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 98.2 %
Accepts: 27307
Answered: 7/9/2012

Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

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