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Patrick, Esq.
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What should a person expect from their employer with full legal

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What should a person expect from their employer with full legal team when they open an HR case for work related stress absence? Do most short term insurance companies pay for that? or that would fall under workers comp? in which they will start to scrutinize everything before payment is made.

To get short term disability insurance, the claim should be just personal stress related fmla?

I have a doctor's note clearing me not to return to work until re evaluation, which could go on for months.

So do I have that correct above?
And, if a person did claim work related stress, is there any civil awards that could be sought after?
Hello and thank you for entrusting me to answer your question.

In order to be eligible for State Disability Insurance (SDI) an individual must, among other things, be "unable to do their regular or customary work for at least eight consecutive days." If you can show that your stress has impacted you to such an extent and prove the other requirements set forth here ( then you could certainly bring an SDI claim, but only if this criteria is satisfied.

In addition to SDI, if a doctor declares that your stress and anxiety constitute a "serious health condition," you may be eligible to take up to 12 weeks of unpaid protected job leave pursuant to the Family Medical Leave Act

The FMLA is a federal act that guarantees eligible employees up to twelve weeks of unpaid leave on account of, among other things, an employee’s own serious health condition which prevents him/her from working.

In order to be “eligible” the employee must have worked for the employer for at least one year, and worked roughly 30 hours per week (on average) during that year. Also, only employers with at least 50 employees within 75 miles of the employee’s work site are required to provide FMLA protections.

Where an eligible employee takes FMLA leave, he or she has the right to return to work in his or her own, or to a substantially equivalent position, if he/she returns on or before the expiration of the 12-week leave period. For more information regarding FMLA leave, visit this link:

There is no requirement that FMLA and SDI be taken congruently, and very often then are not. They are very much separate.

In addition to FMLA and SDI, in certain very limited circumstances California courts will recognize job-related workers compensation claims. However, insurers vigorously fight these claims and treat them with great skepticism. Further, the burden of proof is on the plaintiff and typically requires them to show that the behavior of co-workers or their employer "shocked the concience." This is a very hard thing to prove.

Accordingly, it is quite rare that a workers compensation claim for job induced stress is successful, though it is possible.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

My absolute greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Also, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.
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