coverage by FMLA exhausted, stress at work - Health Insurance Issues Message Board

Ore..gal · 11-02-2009, 02:32 PM

If I am dealing with a lot of stress at work and have exhausted my Coverage by FMLA, what else can be done to file suit against my company for stress/Depression? I have told many supervisors that the level of stress is too much yet nothing changes. I need to take action against this company, they are not doing anything to fix it.

33itsjustme · 11-10-2009, 11:15 PM

Have you spoken with your companies HR department regarding the problems you are having? And, not to be flip, but have you considered finding another job? Or moving to another department within the company? Some jobs are high in stress by their nature, and nothing that a supervisor can do will take that stress away. I happen to have a job like that... and a lot of people where I work cycle through because they get burned out. You may find additional resources with the Dept of Labor in your state.

SpineAZ · 11-17-2009, 09:24 PM

I recently read an article that said due to the economy today those employees who do have jobs are likely to be subjected to a larger workload, and thus face as much stress as those let go in lay offs.

If the job is such that you personally can not handle the stress, yet co-workers continue to perform well, it's not the employer's responsibility to reduce your stress load.

If you have a diagnosed condition that makes it difficult to deal with stress, there is not much the employer can do other than FMLA. Even if you used FMLA to care for a family member and ran out of FMLA and thus had more stress - FMLA is the limit of what employers must provide. If someone is totally unable to work due to their own condition then there is STD/LTD if the employer offers this and if not SSDI is an option as well.

If you have good performance reviews and there are other positions you'd like to try at the company that's an option. Otherwise you'd need to seek employment elsewhere. Unless there is true and document able harassment or other conditions causing stress there is nothing the employer would be required to do.

I was in a 3 person department and constantly berated by my boss and overloaded with work and deception as well. It was very very stressful but I just had to take it and all the work he loaded on me as he never did anything I could document - it was all verbal and our HR was in another state.

In any case where the employee has utilized all of his/her FMLA (or other similar benefits) the employer has no obligation beyond that unless the person is deemed disabled and wants permanent accommodations under ADA (Americans with Disabilities Act). This is the same whether the condition is physical or psychological. And it's a tricky road. The employer can only be made to accommodate if they can. For example, a receptionist can not be accommodated to not take calls or not meet the public, etc..