Legal Question in Employment Law in California

Re: Stress

The answer depends on whether you qualify for medical leave under FMLA or the California equivalent (CFRA). Basically, if you've worked full-time, for at least 12 months, and the employer has at least 50 or more employees within 75 miles, you probably are eligible to take up to 12 weeks off, for a serious illness, that can be certified by your doctor. You need to communicate with the responsible HR person to make sure your leave is designated as FMLA leave.

Having said that, taking medical leave is no protection against a termination or layoff for legitimate reasons, such as a planned reduction in force or an act of insubordination, etc.

Re: Stress

Yes. However, you may qualify for FMLA leave, and can't be fired during that period, but can be thereafter. You also won't be allowed to return to work without a doctor's release.

Re: Stress

If your stress is work-related, under labor Code 132(a) , there are penalties for your termination. But you immediately have to report that to your employer. Feel free to call us at 213.388.7070 if you have any further questions.