time off work with depression?

Question

i have had time off work with depression/stress and anxiety but now face disaplnary action for this time off. i have been off 6 weeks last year went back for a month and then had another 6 weeks off.

can they do this???

Answer 1

hi there, i think they can as i am in the same boat as you, i am currently off with the same as you.
I work for the council and at the moment i am going through counselling as it is all work related why i am off.
I have had two senior at my home twice for a home visit as this is company policy.
I am dreading going back as they can descipline me, its terrible that they do this as its an illness that we have, that stops us from working, deciplining us is going to make us worse.
Good luck with everything.

Answer 2

Time Off For Depression

Answer 3

If this is the US...

This may be covered by FLMA. However, there are certain requirements.

(1) You needed to declare it as medical leave, under FLMA. If you simple "went on vacation," then it doesn't count.

(2) You have to have a bona fine medical condition. A doctor (or licensed medical health professional in your case) must certify that you have a medical condition that is serious enough that you are UNABLE to work. "Unable to work" is key. If you were able to work (even with a modified schedule or other "consideration"), then FLMA doesn't count.

(3) You employer must have 50 or more employees. There are more detailed specifics on this, but that's basically the measure.

(4) You have worked for your employer for at least a year and for 1250 hours over the prior 12 months.

(5) You must provide at least 30 days notice, unless your condition was unforeseen. With depression, it's not unreasonable to expect that you give 30 days.

If all of this is true and you declare it as FLMA with your HR department, you get up to 12 weeks. Unpaid, unless your employee agrees to pay.

You are allowed to do the 12 weeks in 2 chunks.

In the end, this is going to come down to whether or not your condition actually prevented you from working. "Stress" alone is not considered a medical condition for which a person cannot work. You have to be diagnosed with a sufficiently severe clinical depression and be under a doctor's care. And, I can't stress this enough: you had to have been unable to work.

You employee can require a 2nd or 3rd opinion, if they pay. If the other doctors say that you could work (even with lots of stress), then no dice.

Unless you were hospitalized or under significant drug therapy, this is unlikely a violation of the FMLA.

And if you didn't ask for FLMA (or you/your employer doesn't meet the qualifications), then they are allowed to discipline you/fire you.

Answer 4

You didn't mention where this is happening. I have depression left from a chemical imbalance due to a life-threatening disease. I have lost 2 consecutive jobs, that I loved, due to hospitalization in which I admitted myself. Both companies had more than 50 employees. Financially it ruined me and gave me episodes of major depression, the last giving diagnosis for dual depression. In both cases I was not allowed phone calls in or out for 48-72 hours after admission. This ofcourse qualified for "no call, no show". I wish that everyone would get on the same page. The hospitals did major damage not to mention more anxiety, and more REAL depression. That which does not kill you makes you stronger? With depression, unfortunately this doesn't always work because death is a viable alternative for those who are ill. You mentioned you were back at work for a month. An important issue is the job environment and the social ignorance you face at work, which keeps things spiraling down. Legally, I never persued this. Any lawyers out there?

Answer 5

It's a normal phase, I went through it, and it still comes up every now and then (Except with the "wanting to kill someone" part, I think you might need help for that). You have to keep living though. It's really selfish and unfortunate some kids commit suicide. This pain that your feeling will be passed down to the other people that are close to you. You have to keep looking forward! Maybe oneday, you can even see this girl again so don't be depressed about something that can be managed, okay :] Besides, I bet that girl misses you very much as well. Your only 13, this is when the body changes, and you start to feel new emotions and such. Life isn't forever so enjoy it while you can.

Answer 6

I had a somewhat similar problem and it is very difficult when people that you work for don't sit down with you and have a free and open talk with the idea of helping you. It would be so much more constructive if they would say in a relaxed setting, "Hey, I have noticed these changes in your behavior and we have this problem and how can I help you with your?" I worked for a business and was in a severe state of depression. I changed weight and kept to myself and just kept my head down. No one helped me. They were just intent on gathering evidence to fire me even though I had done very well before. No one helped me.I went on disability pension and then recovered enough with the right doctor to work again until the stress began to creep back. Now I am retired and with the stress gone, things are still not easy but life is much better. I think you need to talk all this over with your doctor. Keep a journal of your days and rate them 1-10.
Take this to your doctor. Try and find a job that is much slower paced, has friendly people and make sure you have the support you need. Try and get in a support group. Have you tried disability? Talk this over with your doctor. As an employee, you should want the best for the business you work for because that is the way jobs remain there-when everyone is productive. Please take care of yourself and take your medication and communicate freely with your doctor.

Answer 7

I have been suffering from post partum depression for the past one year when I gave birth to a baby boy. I couldn't stop thinking about how my husband loves him more than me and how things might be better if he wasn't born at all. Thus, I stayed away from him because I knew that I might do something I will regret for the rest of my life.

Almost instantly I went to a therapist and convince them that I need help. Among other things, I've tried herbal supplements and other book to treat depression but nothing works like the Depression Free Method. So now I'm proud to say I'm one of the happiest mother in the world. My husband loves us both very much and I thank the Lord for the blessing he gave us.

Depression Free Method?

Answer 8

I would check, because that doesn't sound right, at least from an ethical standpoint. It might depend on how many days off you get a year for sick leave, etc. Check your agreements, and confront whoever is in charge of this. I have family members who have depression, and the last place they need to be is work. But I know that they received at least half-pay for the time they were off (I think around 6 weeks, though it felt a lot longer) and certainly no disciplinary action.

Answer 9

I have lost several jobs because of being off during periods of depression, severe fibromyalgia, and low immune system (not HIV related). They can even fire you for missing work. It shouldn't be legal, but many places do not allow you to miss too much work due to problems, health or otherwise.
I finally gave up trying to hold a job and went on disability. I hate it because feeling useless contributed to my depression for years. I worked as long as I could, about 30 years, but could no longer do it.
Apply for disability in your state to see if you qualify. Don't just stop at one try. That is what it is there for. I know some people misuse the system, but if you truly need it use it. I felt that I had paid and paid into the system and now I am getting my taxes back.

Answer 10

I'm afraid they can. They will look at what actions to take but most of the time it's just a warning you'll get esp if they are short staffed and want you to stay. They do this as a warning to others not to take so long off. But they do ask if there's any way they can help you in the work place to avoid stressing you out more. Get a union rep to go with you even if you arent in the union. Or a witness otherwise they are breeching your employment rights and can sue them later on.

Good luck.

Answer 11

First off Depression isn't a made up illness and unless you've suffered from it you will never know the feelings that overcome you and prevent you from living a "normal" life. I have experienced depression through my practice as a Clinical Psychologist and through my personal life, I suffered from it. However 12 weeks off is a bit odd. VERY odd in fact. Because any medication you are on should within 1-2 weeks become effective enough to balance the chemicals in you brain which cause depression. If you followed your Dr's orders and phoned him/her if the symptoms did not get better I don't see a reason for 12 weeks off. I certainly as a professional would have never recommended that amount of time off. Perhaps you need more in house treatment? Yes they can release you from your duties if you are interrupting their "flow" and are no longer effective. Talk with your Dr get your medication levels where they need to be, take your medication at or around the same time every day and you should be fine. No one is so depressed they need 12 weeks off IF they are on the right dosage and taking them correctly {and I have delt with sever cases of depression and even depression with psychotic behavior}.

Furthermore as a professional and someone who has been dignosised with depression/anxiety if I was your employer I'd personally think you were using your new found diagnosis as an excuse. Everyone in life has stress regardless of the extent. Now go back to your Dr discuss how you are really feeling and if he has any sense he will give you the "test" used to determine criteria for depression and find out if you are really bs'in

By the way I find it rather amusing everyone that says your employer can terminate you from duties are getting thumbs down. If you dont like the answers dont ask your question