Career Questions and Answers
time off work with depression?
Asked by littlehayne
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???
A:
If you are in an at will situation in the US, they can unless you requested this time off under the FMLA (Family Medical Leave Act).
Answered by inaru816
A:
no thay cannot, seek advice immediatley from CAB or legal advice. comes under disability discrimination. (in the UK)
Answered by mymagicshowuk
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as long as you have doctors note they cant do anything about it i dont think.
Answered by jaynieleigh22
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depends what kind of disciplinary action and whether there is a policy in place for such action for all types of absences, not just mental illnesses. also a function of labor laws in your state
Answered by jim06744
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I think they can - I've heard of this happening alot.
Answered by starlet108
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they probably can............
Answered by bingo
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Yup. As much as this is a recognized condition, you can't expect the business to bear the burden of an employee that comes and goes so frequently and for such extended periods of time. You would not have your job legally protected and should probably consider yourself lucky for not getting canned already. Try to get your life in order and make BIG changes if necessary. If your job is contributing to your stress and depression, work on finding another one (I know this is much easier said than done). It can be done though as we all tend to be our own worst enemies. It will take time and effort but life outside of depression can allow for deeper friendships, more job prospects (indirectly through increased confidence) and more! Talk to a Dr. if you haven't already and work on beating your condition instead of stressing more about the job! Feel free to contact me.
Answered by CSUflyer
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As long as your sickness was signed off by a GP, then no they can't touch you. Speak to your Union rep.
Answered by Marcus
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this happened to me
i was bullied in work - had a nervous breakdown - then was disciplined and finally retired on grounds of ill health
i have to say at the time it freaked me out - looking back it saved my life and was the best thing ever to happen to me
take care - follow doctors orders and know it will all work out
most of all - let your family and friends support you
Answered by A S
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If it is an at will state, they can do what they want. Why would you need 12 weeks off of work?
Answered by xquis81
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hey!!! i have depression and i dont get time off school!!!
*pout*
Answered by Juno
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Yes they can, your time off is affecting your performance at work and as such your work must be suffering, never mind the effect on the business as a whole from long term absence. Disciplinary action is common in this situation, do you think they should just let you have the time off and not say anything and you just go back for a while them have time off again?
Answered by carli8305
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It is an economical situation for the business. A small business cannot afford to keep you and must seek a replacement. A larger business will offer more benefits and be able to wait the problem out. You have a certain amount of leave yet it isn't unlimited.
If you have long term disability coverage at work then see if your doctor believes you quality to take off an extended amount of time (months / years).
Seek a lawyer if you cannot manage this aspect yourself.
Answered by Daniel L
A:
The main thing is you have anixety i have that and its not good i suffer from tension headaches that last weeks at a time maby months. The main thing is dont worrie abt this as you are making ure anixety worse. Just relax and see what happens i no what it feel like all you want to know is the outcome of things :) good look friends x
Answered by taybarse
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Presumably your GP signed you off? Depression is an illness just like measles, if your doctor says you're not fit to work, that's it. I'd be very surprised if they are able to discipline you legally.
Speak to your union rep, if you have one, or a solicitor dealing in employment law - they'll usually give you the first interview free.
Answered by Colin M
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yes they can. Because depression isn't considered life threatening or debilitating companies can fire you for it. If you were mentally unstable or hospitalized for it you may have a case but not if you were just depressed. If you feel that what you were feeling was life threating and you have documentation of mental unstability (ie bipolar, or manic) you may be able to seek legal counsel.
Answered by Alex G
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if you can provide medical proof that the time was ordered by a doctor then they can do nothing to you.
Answered by colera667
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no they cant
Answered by dream theatre
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It depends. You're allowed a certain amount of time under the Family Medical Leave Act to take time off for illness/disability - but you're required to come back within a specific time. If you didn't come back when required under the law, or took additional time off above and beyond what was available to you, then the employer has every right to terminate your employment. Also, if you took time off in contravention of your employment contract or office policies, you can be fired as well.
Answered by duoak
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ask them to help you help yourself. tell them you need help and see if they will help fund a visit to an LPC. my mom is an LPC and i know she sees people who are there bc they asked their bosses to help them
Answered by Carly
A:
It kind of depends on the kind of job it is in some ways, and what disciplinary action is being taken.
According to the Family Medical Leave Act, if you are on leave for illness (or for the illness of a family member who you have to care for) for up to (I think) 12 weeks, they have to keep a job available to you upon your return. Of course, paperwork will need to be done, and I think you'll have to prove you were on medical leave. If you just stayed home and weren't under the care of a doctor, I doubt your absence is covered by the FMLA.
I don't think the FMLA says they can't demote you, though, and it doesn't say they can't take other disciplinary action against you. They just have to make sure you have a job upon your return.
If you weren't covered by the FMLA, they can do whatever they want.
Answered by Mandy S
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um yea you probably shouldnt have been off that long.....if somebody told you you could take it off then they cant do anything but if you just do it when you feel like it they can
Answered by me
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depends on if you took the time off or if your doctor ordered you take the time off . . if you took the time off and your company has an absence policy then not alot you can do but . . if you where under doctors orders that's a whole different situation
Answered by Rainy
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NO, they can not. Look at your State Bar's website and get an attorney through their lawyer referral program.
Answered by puppyfred
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dunno, but I wouldn't be happy if I was your employer, they pay you to work
Unless something happened to your family, in which case I aplogise for being so blunt
Answered by Damien R
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No, they cannot harass you whilst you are off work. Let them know that it is work related stress that you are suffering. This means that they should really make attempts to not cause any further stress to you.
Answered by legman
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If your depression and anxiety is severe to the point that you are unable to work, you may want to consider working with your health care team and looking into getting on permanent disability (SSI). My ex-husband has bipolar disorder that was grossly mismanaged and it let to his ultimately being put on permanent disability.
Please let me just state that depression, bipolar disorder, and other such mental health issues can be VERY well managed. Taking the path of pursuing disability isn't something everyone with these issues needs to consider. But if it's a severe case, or (as in my ex-husband's case, terribly mismanaged to the point of making him much worse), it IS an avenue that can work for some folks.
I'm not sure if you can pursue any sort of discriminatory legal action - I'm no lawyer and have no experience in this line of thinking. If it's something you feel might result in your ultimate termination from your employment, you could consult with an attorney to see what rights, if any, are applicable in your particular case.
In the meantime, I hope you are working with a good team of health care providers to manage your depression. It's a VERY treatable condition, and you are certainly not alone in your struggle with it.
I wish you all the best.
Answered by zoni_tonya
A:
The responder who said that they can unless you had requested leave under the federal FMLA statutes is correct. Except for that, a company isn't required to give you medical leave unless it's in an employment or union contract.
Not all employers are covered for FMLA. Unless they have at least 50 employees, and fit some other rules also, they do not have to give you FMLA leave.
The leave also has to be ordered by a medical professional to count for FMLA.
Even if your leave has been under FMLA, that's only good for 12 weeks in any 12 month period (doesn't have to be a calendar year - it's any 12 consecutive months), so you would not be eligible for any more until 12 months have elapsed since the start of your first leave.
Good luck.
Answered by Judy
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Yes they can. You can't just be out sick all the time. You're expected to work for your paycheck, that's the whole idea.
Answered by Scary Monster
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Not if you requested time off under FMLA.
By the way, sounds like you need to check into disability. I believe severe depression/mental illness is grounds to be eligible for disability. Check with your doctor about that.
Answered by Deborah
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I do believe you have 12 weeks of medical leave of absence. As long as yo have a Dr. excuse i don't think they can take disciplinary action. Check your local employment rules or ask your Dr. they should know. Check the Internet to find out also.
Answered by Cara H
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What country are you in? In America you have a right to be depressed, and stressed out. You have no right to visit this personal way of being on the company you work for. Yes you have a right to sing, but you can not violate my right to not hear you. Your frequent absence has created a hardship for your employer and that is why you are facing disciplinary action.
Please remember that you have to take care of yourself, it is an unwritten contract that is made between groups of people.
Answered by whatevit
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last year i had 6 months off with depression and anxiety and was offered to return to part time
i believe you are ok if you have a doctor's note - speak to citizen's advice - they are free and confidential
hope you are feeling well at the moment
: - )
Answered by frogg135
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Don't know the policy of your company or what state or country you're in, but with medical documentation, you may qualify for disability benefits. I don't think you are subject to any disciplinary action if you are on medical leave. But on the other hand, they are not required to pay you while on disability.
Answered by crazydave
A:
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
Answered by texas_angel_wattitude
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Disciplinary ? NO they can't ! Go the the CAB
Answered by Gotcha! £80 please?
A:
Yes, they can. If you can't perform the job because of stress and anxiety, that is not something people are really understanding about.
People are a little bit more understanding of depression and other mental illness, but not so much.
Hopefully you can find a good psychiatrist, in most cases you can balance out yourself with medication enough to function in the workplace.
I have suffered from depression and anxiety for 20 years now. I have had a fear of being fired every day of my working life, since I was 15 years old, but I have never been fired before. It's just an insecurity. Trust me, I know about mental illness. I know about depression. I have been hospitalized twice. I have tried to kill myself twice. I used to have anxiety so bad that I couldn't even walk into a grocery store without having a panic attack.
But you can't let your mental illness stop you, fight it, learn how to control it. So you can live a normal life, and not have to miss work.
I had a friend who took a lot of time off for "stress" and "mental health" and he got fired, and I think he deserved to get fired, because I really think he was being weak and lazy.
Answered by MBA Grad Student
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As the very first poster said, if you live in the US, you are employed "at will", meaning the company is within its rights to fire you.
Consider their side of it. They need an employee in that position and you are not able to perform. They cannot continue to work around your illness.
Hopefully, this will be a blessing in disguise. Either it will help you realize you need a job with less stresses, or it will help motivate you to continue and comply with your treatment plan in order to return to some type of meaningful employment.
Answered by Thinks2Much
A:
Sounds like it was unexcused absence...6 weeks is a long time to be off...go back for a month---then take off another 6 weeks....and all for DEPRESSION/ANXIETY???
If you're really that depressed, you need psychiatric help big-time. Your employer probably thinks the excuse is a load of crap...and speaking as a person with depression and anxiety having been diagnosed myself, I'd be wondering as well...it's not THAT debilitating.
Answered by bradxschuman
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Depends on what company you work for. Some can, I would start finding another job
Answered by Rosemarie B
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yes they can. make sure you have your medical leave papers up to date so they wont try to terminate you.
Answered by Edward W
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If you are in the UK you are protected by the Disability Act. They may just want you to see HR to see how they can support you. Don't worry, they can't get rid of you because of your depression.
(I assume you have had it diagnosed and being treated for it)
Answered by oddball59
A:
Are you in a union? if so check with them. If not ask for a copy of your conditions of service, you should have been given it when first employed. You don't say how long you've worked at this place, that would certainly affect things.
Answered by Ellie L
A:
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.
Answered by Jeffrey
A:
Depends on what jurisdiction you are employed in, but in general terms disciplinary action is appropriate where you have fallen short of reasonable standards of performance in carrying out your job, this would not normally apply to properly certificated sick leave. It would apply if your sick leave has not been certificated in accordance with your employer's requirements. Your employer will explain the precise basis for any disciplinary procedure and outcome (if not, then ask).
Answered by Sangmo
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this is sick, people cant help it if they need time to heal...its no different than an operation
Answered by Heather t
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Check your contract first but I would take advice. If you have a union start there. This is discrimination under the Disability Discrimination Act in the UK.
However, have you taken professional advice on the illness ie: been diagnosed with depression and is your absence supported by doctors certificates? Is the depression down to a work based factor? ie: bullying because if so you may also have grounds to pursue the employer under the H&S at Work Act. Its all a bit complicated really so taking specialist advice would be best.
Oh - and regarding the depression - you are not alone - hundreds of us suffer from it. If you have not taken advice then do so! It helps.
Answered by frankiezee99
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Depends on where you live, but in the U.S. it's illegal pretty much everywhere.
Answered by FlyChicc420
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Yes...depends on the policy of the company. Did you follow procedure? Do you have Doctor's excuse to be away from work so long? As with any disease, you cannot stay out indefinitely. 12 weeks is a long time. You can check with an attorney if you feel like your rights are violated, but first make sure you did everything by the book.
Answered by Logon17
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No they can't if you have a doctor's certificate, but read your contract of employment, your sick benefits should be clearly stated in there.
Answered by Ditzy
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