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I work at steak n shake part but have been diagnosed with…

Customer Question
Hi I work at...

Hi I work at steak n shake part but have been diagnosed with clinical depression. Is it legal for me to take a leave of absence regarding getting a note from a therapist or psychiatrist?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Gerogia

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Part time At will yes

Submitted: 8 months ago.Category: Employment Law
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Customer reply replied 8 months ago
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12/14/2017
Employment Lawyer: Roy Hadavi,
 replied 8 months ago
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,501
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney with extensive labor law experience. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: Mental impairments may constitute a disability under the Americans with Disabilities Act ("ADA"). The statute specifically states that a disability includes, “a physical or mental impairment that substantially limits one or more of the major life activities” of an individual. So, presuming that a mental condition is a covered disability may be the safest course.

Under the Family Medical Leave Act ("FMLA"), an employee is entitled to 12 weeks of unpaid leave to care for his or her “serious health condition.” The regulations interpreting the FMLA list several different circumstances under which a physical or mental condition may be covered by the statute. One such circumstance is continuing treatment by a health care provider for a period of incapacity of more than 3 consecutive calendar days that also involves, “treatment by a health care provider on at least one occasion, which results in a regimen of continuing treatment under the supervision of the health care provider.” The regulations provide that an incapacity includes an inability to “perform any of the essential functions of the employee’s position within the meaning of the [ADA].” Thus, you likely are eligible for FMLA leave if you are unable to perform the essential functions of your job and are receiving treatment from a psychiatrist who has recommended leave.

If your employee states that she may require inpatient care for her psychiatric condition, she may also be entitled to FMLA leave for that period.

As with other requests for FMLA leave, you should require a medical certification from a health care provider verifying that she is suffering from a serious health condition.

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Customer reply replied 8 months ago
Thank you .
Employment Lawyer: Roy Hadavi,
 replied 8 months ago

You are very welcome.

Did you have any follow-up questions or need me to clarify anything? If not, please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.

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Customer reply replied 8 months ago
I haven't received inpatient care but am on medication . I got sent home one day early because of a break down and have sudical thought. These are things they know about
Employment Lawyer: Roy Hadavi,
 replied 8 months ago

Then you should likely be granted leave. Be aware that the leave is not paid and that you should provide medical certification for the leave.

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Customer reply replied 8 months ago
I am able to go without pay for a while. Would 2 months be too much to ask?
Employment Lawyer: Roy Hadavi,
 replied 8 months ago

You are entitled to up to 12 weeks under the FMLA.

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Customer reply replied 8 months ago
I'm 17 does the
Law still apply
Employment Lawyer: Roy Hadavi,
 replied 8 months ago

Yes, it applies to minors.

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