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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37639
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Try to find out the latest of what the requirements are to

Customer Question

try to find out the latest of what the requirements are to quality for "stress leave"
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: nope
JA: Anything else you think the lawyer should know?
Customer: no, I'm in HR and trying to study up on the subject to advised an employee
Submitted: 12 months ago.
Category: California Employment Law
Expert:  LawTalk replied 12 months ago.

Good morning,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. I've been a CA licensed for more than 3 decades and I handle employment law issues.

The qualification for stress leave is not based on a litmus test of requirements. Rather, and I presume that you are referring to stress leave under Workers' Compensation, stress is a mental dysfunction that is different for each person and is strongly dependent on their psychological makeup, their relevant life history and the situations in the workplace (coupled with what is going on in their life) which create emotional distress so significant that they cease to function normally and begin to exhibit outwards signs of abnormal and debilitating stress.

Only a physician/mental health practitioner can adequately evaluate the stress level of the patient and then determine that the person's symptoms justify a finding that the patient should be removed from the stressors in the workplace in order to help them recover from the symptoms which are debilitating them.

I'm guessing that what you really need is a list of potential symptoms/actions that might be exhibited by an employee who is suffering workplace induced stress. Here is a link to a good article which lists many of the things that you can be on the lookout for when observing or communicating with an employee who you suspect may be experiencing the kind of stress in the workplace which might lead to the necessity of stress leave:

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 12 months ago.

Good afternoon,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, and with the expectation that you would act similarly and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,