Q. One of our employees has asked to go on medical leave due to “stress.” Does stress qualify as a condition that requires leave?
A. As a general matter, under the, employees who claim leave based on their own medical condition, such as “stress,” must show the leave is
- the result of a serious health condition that
- makes the employee unable to perform the functions of his or her job. If either of these elements is not met, the employee is not entitled to .
Before the U.S. Department of Labor revised the regulations for implementing the FMLA in 2009, the law specified that mental illness “resulting from stress or allergies” may be a serious health condition. That language was deleted in the current regulations to clarify that a mental illness, regardless of its cause, can be a serious health condition under the FMLA if all the regulatory requirements are met.
Currently, under the FMLA, a “serious health con...(register to read more)