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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19319
Experience:  Employment/Labor Law Litigation
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I'm trying to see if I can get a leave from work due to

Customer Question

I'm trying to see if I can get a leave from work due to stress from work and possible post partum?
JA: How is your mood? Are you experiencing regular sleep disturbances (e.g. trouble falling asleep, waking up early)?
Customer: Well I feel overwhelmed most of the time. I'm having mood swings. Hard time sleeping and when I do fall asleep it's not constant. I wake up with panic attacks, sweating and hard breathing
JA: How long have you been dealing with this? Is there anything in particular that seems to make the symptoms better or worse?
Customer: I'll say a little before my son was born in Jan. When I was taking off work early because I couldn't perform my job duties. It got worse over time.
JA: Anything else in your medical history you think the Psychologist should know?
Customer: Well I was diagnosed with clysmothima back in 2012 but never took any medication. I went to therapy and assumed I was fine.
Submitted: 1 month ago.
Category: Employment Law
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 month ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Allen M., Esq. replied 1 month 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.

You are able to take time off from work due to medical issues. However, there are limitations to how much time that you have under the FMLA. That law only grants 12 weeks of medically related leave per year (not per incident). I am concerned that you used all of the available leave you had when you took time off for the medical issues related to your pregnancy and then after the birth. You would have to ask your employer how much FMLA qualifying time you took off and how much you have remaining.

If you have no FMLA leave remaining, you can still argue that the time can be extend for a short period of time due to disability. Mental health issues qualify for ADA protections. You will have to work with your employer on this issue first though.

If you have any further questions or other facts that you would like me to consider, 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 three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 month 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.